By Chinedu Eze
The brewing disagreement between the Lagos State Government and the National Inland Waterways Authority (NIWA) over who is in charge of the waterways in Lagos may result in clashes as dredgers and boat operators are confused over whom to pay allegiance to.
While the Lagos claims that the waterways belong to it and has given the operators ultimatum to comply with all laws and regulations guiding their operations, NIWA is insisting that by law, it is in charge of all the waterways in Nigeria because no water begins and ends in Lagos state.
NIWA has therefore charged Lagos State to define its Intra-state water routes in Lagos State based on an Appeal Court judgment.
Speaking during a stakeholders meeting at Lagos recently, the area manager, Lagos Zone of NIWA, Muazu Sambo explained that the Appeal Court judgment granted Lagos State power to legislate on intra-state waterways, which the state does not have.
But Sambo argued that all bodies of waterways in Lagos State are international, tidal, intra-coastal and/or inter-state waterways.
He urged operators in the inland waterways business to go about their normal business without fear of harassment, stating that NIWA would not allow the operators to be harassed by the Lagos state government.
He explained further that some people might be wondering why NIWA approached the Supreme Court on the matter if the case at the Appeal was in its favour. Sambo explained that NIWA decided to approach the Supreme Court based on the issue of the illegality of the Lagos State Waterways Authority (LASWA), which he said the Appeal Court was silent on and which was an issue at the lower court, including the advice of the Attorney General of the Federation on the matter.
NIWA Area Manager Lagos, said that no state House of Assembly has the power to repeal the federal law and replace it with a state law, pointing out that this is what Lagos state did in the law setting up Lagos State Waterways Management Agency (LASWA).
He assured the operators that the Minister of Police Affairs will not disposed to allow the federal police to be used by the Lagos state government to enforce impunity.
Sambo also said NIWA would not allow what happened in 2008 to happen again, where many of the operators were driven out of business by Lagos state and as a result of that, many of them and their dependents died and some suffered untold hardships.
According to NIWA, Lagos State does not have the power to make Laws in respect of intra-coastal route from Badagry, along the Badagry Creek to Lagos through Lagos Lagoon to Epe, Lekki Lagoon to Iwopin, along Omu Creek, Talifa Kivei to Atijere, Akata, Aboto, Oluwa River to Okitipupa and onto Gbekebo, Arogbo, Ofunama, Benin Creek to Warri. Also the canal running from Araromi through Aiyetoro, Imelumo to Benin River and from Aiyetoro through Mahin Lagoon to Igbokoda based on Item 5, 2nd Schedule, Section 10 of National Inland Waterways Authority Act. Cap N.47, LFN 2004.
