NIWA Management has rolled out another
hot press statement to newsmen calling on Lagos State 7 day ultimatum to be
ignored.
In a press statement making the rounds
presently, NIWA says, “Lagos State House of Assembly in line with the Court of
Appeal Judgement delivered on the 18th July, 2017 do not have the power to make
Laws in respect of the following International and Inter-state Waterways in
Lagos State: 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.- Item 5, 2 nd Schedule, Section 10 of National Inland Waterways
Authority Act. Cap N.47, LFN 2004.”
“The judgement as per Dr. Hussein
Mukhtar, Justice Court of Appeal reads: “The required declaration for inland
waterways under the exclusive legislative list is made under section 10 of the
National Inland Waterways Act, which includes rivers and intra-coastal
waterways specified in the Second Schedule to the National Inland Waterways
Act, which have been declared as Federal navigable waterways. Section 11
thereof provides that all navigable waterways, inland waterways, river-ports
and internal waters of Nigeria, excluding all direct approaches to the ports
listed in the Third Schedule to this Act and all the other waters declared to
be approaches to ports under or pursuant to the Nigerian Ports Authority Act,
up to 250 metres beyond the upstream edge of the quay of such ports, shall be
under the exclusive management, direction and control of the Authority.
“Item 5 in the Second Schedule to the
National Inland Waterways Act is the relevant provision for the navigable route
that falls under the exclusive legislative list and it provides as highlighted
above. This root runs through international and states boundaries and is
therefore consistent with the provisions of the Constitution being an item on
the exclusive legislative list. Revenue accruable from this Federal route is
payable to the Federal Waterways Authority (NIWA).”
“It is hereby held that the Lagos State
House of Assembly is competent to make laws in respect of the intra-inland
waterways in Lagos State except the Inter-State waterway declared as
International or Interstate Waterway under Item 5 in the 2nd Schedule to the
National Inland Waterways Act” DR. HUSSEIN MUKHTAR JUSTICE, COURT OF APPEAL The
National Inland Waterways Authority demands that Lagos State defines their
Intra-state water routes in Lagos State.
The press statement is aptly signed by NIWA
MANAGEMENT.
No comments:
Post a Comment