Supreme Court Rules States Have No Regulatory Powers Over Inland Waterways Nationwide
The Supreme Court has ruled that only the federal government has constitutional powers to control activities in the inland waterways in the country.
The activities include levying and licensing operators on the inland waterways.
The apex court ruled that it was wrong for the state governments to seek control of the inland waterways and impose levies on those operating on them.
Lagos state government as well as the incorporated association of tourist boat operator’s water transporters of Nigeria are claiming that states and not the federal government have constitutional powers over inland waterways.
John Okoro read the judgment of the apex court in an appeal filed by the federal government and its agencies against the control of inland waterways.
The apex court revoked the ruling of an appeal court of March 2014 which overturned the verdict of a federal high court vesting the control of the inland waterway on the federal government.
Read Also:
The Supreme Court Orders Indefinite Use of the Old Naira Notes
It held that it is only the Federal Government, through the National Assembly, that can validly legislate on Maritime Shipping and Navigation, adding that the power to legislate on any subject in the Exclusive Legislative List does not lie with the Lagos State Government.
The appellants had also argued that the activities of the Lagos State Waterways Authority, LASWA, created by the Lagos Government, through the enactment of LASWA Law No. 14 of 2008 (LASWA 2008) by the state’s House of Assembly, to regulate, develop and manage all aspects of the waterways in Lagos State is unconstitutional.
The court noted that existing laws do not favor the Lagos government’s arguments on resource control but that political stakeholders, including the Legislature, could work on ways to amend the law to address the concern raised by Lagos and others on the issue.
The Supreme Court affirmed the judgment delivered on March 28, 2014, by Justice John Tsoho of the Federal High Court in Lagos and reversed the July 18, 2017, judgment of the Court of Appeal (Lagos division), which set aside the Federal High Court judgment.
