FG holds exclusive control over inland waterways – Supreme Court declares

The Supreme Court has declared exclusive federal control over activities on Nigeria’s inland waterways, including the power to levy and license operators.

This ruling settles a long-standing dispute between the federal government and some states, notably Lagos, over who governs this transportation network.

Justice Inyang Okoro, delivering the lead judgment, said it is illegal for states to attempt to regulate or levy fees on inland waterway businesses. He affirmed existing laws that grant the National Inland Waterways Authority (NIWA) and the Nigerian Maritime Standard and Safety Agency (NMSSA) exclusive control over these waterways.

This verdict stems from an appeal filed in 2018 by NIWA, NMSSA, and relevant ministers against the Lagos State Waterways Authority and other state entities. The appellants, represented by a team led by now-Attorney General Prince Lateef Fagbemi (SAN), argued for federal supremacy in waterway governance.

The Supreme Court, which sided with the appellants, overturned the Court of Appeal’s earlier ruling and reaffirmed the 2014 Federal High Court judgment upholding federal rights over the waterways.