Court judgment empowers us to use, manage, control Inland waterways in Nigeria — NIWA

By Seun Ibiyemi

The Managing Director of the National Inland Waterways Authority, NIWA, Dr George Moghalu, has expressed gladness over the judgment by a Federal High Court in Port Harcourt which empowered the agency to use, manage and control Inland waterways in  Nigeria.

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

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.

Justice I.S Mark, Federal High Court, Port-Harcourt, gave the order in his judgment in a case filed by Bright Waters Energy Ltd against the Rivers Attorney-General.

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

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.