Court bars state governments from regulating inland waterways

The National Inland Waterways Authority (NIWA) has reiterated that no state government in the country has the power or authority to legislate inland waterways.

Recall that the Lagos State government is at odds with the NIWA over control of the state's inland waterways. This however led to a legal case which is currently before the Supreme Court.

However, reinstating this, NIWA, in a press release recently signed by its Director General, Corporate Affairs, Jubril Darda'u, said that the Federal High Court sitting in Port Harcourt, Rivers State, has ruled that the management and control of the inland waterways in Nigeria are exclusively under the control of the NIWA under the constitution and the Act establishing the NIWA by the National Assembly.

He said: "The Federal High Court of Nigeria in the Judicial Division of Port-Harcourt, held at Port-Harcourt before His Lordship the Hon. Justice I.S Mark in his judgment recently ordered that a State government does not have the authority/power to legislate (and enforce its legislation which affects) the use, management and control of inland waterways in Nigeria as it is exclusively under the control of the 'National Inland Waterways Authority (NIWA) under the Constitution and the Act establishing the NIWA by the National Assembly.

"The Judge made the Order in Action No.: FHC/PH/CS/142/2022 between Bright Waters Energy Limited (Plaintiff) and the Honorable Attorney General and Commissioner of Justice for the State of River, the Environmental Commissioner, Rivers State and Petroleum Financial Corporate (PFC) as (defendants),” he said.

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