The Federal High Court of Nigeria in the Port-Harcourt Judicial Division holding at Port-Harcourt before his Lordship Hon. Justice I.S Mark in his judgment recently orders that a State Government has no authority or powers to legislate on inland waterways.
This has further strengthened the position of NIWA who has been in legal battle over the years with Lagos State Government through Lagos State Waterways Authority (LASWA) as well as other states creating their independent waterways apparatus.
According to a press statement issued in Lagos by the General Manager Corporate Affairs of NIWA, Mr Jibril Darda’u, the Judge affirmed that
“A State government has no Authority/Power to legislate on (and enforce compliance of its legislation that affect) the use, management and control of Inland waterways in Nigeria as it is exclusively within the control of National Inland Waterways Authority (NIWA) by virtue of the constitution and the Act establishing NIWA by the National Assembly.
“The judge gave the order in the Suit No: FHC/PH/CS/142/2022 between Bright Waters Energy Limited (plaintiff) and the Honorable Attorney-General and Commissioner for Justice, River State, the Hon. Commissioner of Environment, Rivers State and Petroleum Financial Corporate (PFC) as (defendants).