The Supreme Court has ruled that the Federal Government has exclusive control over activities in the country’s inland waterways, including licensing and levying operators.
In a Judgement written by Justice John Okoro and read by Justice Emmanuel Agim, the apex court held that it was unlawful and illegal for states to seek to control the sector and impose levies on businesses operating in the nation’s inland waterways.
The judgement affirmed that the National Inland Waterways Authority (NIWA) and the National Maritime Standard and Safety Agency (NMSSA) are the only bodies empowered to manage inland water transportation under existing laws.
The ruling stemmed from a suit filed in 2018 challenging the Lagos State Government’s creation of the Lagos State Waterways Authority (LASWA) to oversee waterways operations in the state.
The Supreme Court ruled LASWA’s operations and levying of fees unconstitutional since inland waterways fall under the Exclusive Legislative List in the 1999 Constitution. Only the National Assembly can make laws on maritime shipping and navigation.
The judgement upheld the Federal High Court’s 2014 decision which the Court of Appeal overturned in 2017.
The ruling affirms federal exclusivity over inland waterways and water transportation as enshrined in the constitution.
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