Court Says States Have No Control Over Inland Waterways

The Federal High Court, Port Harcourt, Rivers State, has reiterated that no state government in the country has the power or authority to legislate over inland waterways.

The Nigerian Inland Waterways Authority (NIWA) has been at loggerhead with Lagos and Rivers state governments over control of Inland waterways in the litoral states. This has, however, led to court cases that is presently at different stages in the country.

However, reinstating this, NIWA, in a press statement by the general manager, Corporate Affairs, Jubril Darda’u, said the Federal High Court, Portharcourt recently ruled that management and control of Inland waterways in Nigeria is exclusively within the control of NIWA by virtue of the constitution and the Act establishing NIWA by the National Assembly.

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He said: “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/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).”