“Legislation On Management And Control Of Inland Waterways In Nigeria Exclusively Within Control Of NIWA”, Court Rules

*Says No State Govt Is Competent To Control Inland Waterways

The Federal High Court sitting in Port-Harcourt on Monday ruled that State Governments have no authority nor power to legislate on inland waterways in Nigeria.

The Court ruled that such legislative power 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 Suit No: FHC/PH/CS/142/2022 between Bright Waters Energy Limited (plaintiff) and the Attorney-General and Commissioner for Justice, River State, the Hon. Commissioner of Environment, Rivers State and Petroleum Financial Corporate (PFC) as (defendants).

Reacting to the judgment, Moghalu described it as apt and victory for the judiciary.

This is contained in a statement issued by General Manager, Corporate Affairs Department, Nigeria Inland Waterways Authority (NIWA) Jibril Darda’u, in Lokoja, Kogi.

He said NIWA will guaranty adequate protection to stakeholders in possession of its approvals on the right of way to secure their projects and investments.

The Energy company had in a Suit No: FHC/PH/CS/142/2022, joint the state Commissioner of Environment and Petroleum Financial Corporate as defendants in the critical matter before the Judge.

“A State Government has no Authority or Power to legislate on (and enforce compliance of its legislation that affect) the use, management and control of Inland waterways in Nigeria.

“Such authority and power is exclusively within the control of NIWA by virtue of the constitution and the Act establishing NIWA by the National Assembly,” Justice Mark ruled.

According to the Judge, any state that tries to legislate on inland waterways does so at its peril as such will be in flagrant violation of the constitution of the county.