
News
Supreme Court affirms FG’s sole control over Nigerian inland waterways


The apex court, in a judgment on Friday, January 5, held that it was wrong for states to seek to control the sector and impose levies on businesses operating in the nation’s inland waterways.
The Supreme Court held that existing laws give exclusive control of activities in the nation’s inland waterways to the FG through its agencies – the National Inland Waterways Authority (NIWA) and the Nigerian Maritime Standard and Safety Agency (NMSSA) – and no other tier of government.
The judgment, authored by Justice John Okoro, but read on Friday by Justice Emmanuel Agim, was on the appeal marked: SC/CV/17/2018, filed by the NIWA, NMSSA, the Minister of Mines and Steel Development, and the Minister of Transport.
Respondents to the appeal were the Lagos State Waterways, the state’s Commissioner for Waterfront Infrastructure Development, the state’s Attorney General, Governor of Lagos State, the Incorporated Trustees of Association of Tourist Boat Operators and Water Transportation of Nigeria (ATBOWTN) and the Incorporated Trustees of Dredgers Association of Nigeria (DAN).
The appeal filed in 2018 was prosecuted for the appellants by a team of lawyers led by Lateef Fagbemi (SAN), who was recently appointed as the Attorney General of the Federation (AGF) and Minister of Justice.
The Supreme Court agreed with the appellants’ argument that NIWA is the only agency saddled with the responsibility to levy, impose and charge rates utilization along the declared waters of Nigerian Inland Waterways.
It added that NIWA is the rightful and legal agency of the Federal Government with the powers to exclusively manage, direct and control all activities on the navigable waters and its right of ways throughout the country for the purpose of inland navigation, pursuant to Sections 8 and 9 of NIWA Act.
The apex court equally agreed with the appellants that the activities of the Lagos government and its agencies constitute a flagrant usurpation and an illegal encroachment on the statutory functions of NIWA because the waterways of Lagos State, among others in Nigeria, fall under the Exclusive Legislative List set out in Part 1 of the Second Schedule to the 1999 Constitution.
It held that it is only the Federal Government, through the National Assembly that can validly legislate on Maritime Shipping and Navigation, adding that the power to legislate on any subject in the Exclusive Legislative List does not lie with the Lagos State Government.
The appellants had also argued that the activities of the Lagos State Waterways Authority (LASWA) created by the Lagos Government, though the enactment of LASWA Law No. 14 of 2008 (LASWA 2008) by the state’s House of Assembly, to regulate, develop and manage all aspects of the waterways in Lagos State is unconstitutional.
The apex court noted that existing laws do not favour Lagos government’s arguments on resource control, but that political stakeholders, including the Legislature could work on ways to amend the law to address the concern raised by Lagos and others on the issue.
The Supreme Court restored the judgment delivered on March 28, 2014 by Justice John Tsoho of the Federal High Court in Lagos and reversed the July 18, 2017 judgment of the Court of Appeal (Lagos division), which set aside the Federal High Court judgment.
The Court of Appeal had, among others, held that the inland waterways within Lagos State, not captured by the National Inland Waterways Act, are within the legislative competence of the state’s Legislature and that the state could collect taxes/levies on businesses on waterways which start and terminate in the state.
Confronted with a regime of multiple charges by the agencies of both the FG and Lagos govt, ATBOWTN and DAN in 2012 filed a suit, marked FHC/L/CS/543/2012 at the Federal High Court, Lagos to determine which tier of government was empowered by extant laws to license and levy business operators on the nation’s inland waterways.
In his judgment on the case, Justice Tsoho held among others, that NIWA and NMSSA are the proper and lawful agencies with authority in matters relating to the commercial activities of ATBOWTN and DAN, who are involved in water tourism, water transportation and sand dredging within the national inland waterways.
Justice Tsoho restrained the Lagos State Waterways Authority and the state’s Commissioner for Waterfront Infrastructural Development from further seeking to control the commercial activities of the plaintiffs – ATBOWTN and DAN.
It is the decision by Justice Tsoho that the Court of Appeal set aside in its July 18, 2017 judgment on the appeal, marked: CA/L/886/2014 filed by the Governor of Lagos State and three others.
NIWA and three others challenged the Appeal Court’s decision at the Supreme Court, which in the January 5 judgment reversed the decision of the lower court and affirmed the March 28, 2014 judgment by Justice Tsoho.
NATION
News
Rivers: Afenifere condemns National Assembly’s support for emergency rule


The Yoruba socio-political organization, Afenifere, has strongly criticized the National Assembly for endorsing President Bola Tinubu’s declaration of a state of emergency in Rivers State, accusing both chambers of aiding in the desecration of the 1999 Constitution (as amended).
In a communiqué issued at the end of its National Caucus meeting, held at the residence of former leader Chief Ayo Adebanjo in Isanya Ogbo, Ogun State, Afenifere stated that members of the National Assembly have demonstrated a lack of courage in defending the democratic rights of Nigerians.
The communiqué, signed by Afenifere Leader Oba Oladipo Olaitan and National Publicity Secretary Prince Justice Faloye, described the President’s action and the National Assembly’s endorsement as “an ill-wind that blows the nation no good and a spit in the face of Nigerians.”
Afenifere called on the leadership of the National Assembly to step down in the interest of integrity, decency, and respect for the principle of separation of powers, which it described as the foundation of democracy.
“Contrary to the expectations of Nigerians but in a manner consistent with its proven character, the 10th Assembly in both chambers not only joined hands with the President in further desecrating the already tenuous 1999 Constitution but also demonstrated a lack of courage to defend the democratic rights of the people,” the communiqué read.
It further criticized the use of a voice vote to approve the emergency rule, arguing that such a procedure obscured constitutional requirements for a two-thirds majority vote in matters of national significance.
“The resort to a voice vote, thereby avoiding compliance with constitutional provisions, is a clear attempt to obscure the required legislative plebiscite on such a matter of monumental national importance. The President’s unilateral reversal of the electoral decision of the people of Rivers State is an affront to democracy and spits on the faces of Nigerians,” Afenifere stated.
Afenifere warned that the increasing concentration of power in the executive arm of government posed a serious threat to democracy, likening the situation to the way Adolf Hitler hijacked German democracy.
“By these very acts, a new gambit has emerged—a crisis of Nigerian constitutionalism—where both the horizontal principle of separation of powers and the vertical principles of federalism are being undemocratically usurped by an all-powerful executive that believes it can do whatever it wants,” the communiqué added.
The group also dismissed the recent vote of confidence passed on Senate President Godswill Akpabio by his colleagues, stating that it was an admission of a crisis of confidence within the Senate itself.
Afenifere urged all Nigerians to rise in defense of democracy and the rule of law, warning that failure to act could lead to the destruction of the country’s hard-won democratic system.
“We call on all people of goodwill to take legitimate action to restore the rule of law, ensure best democratic practices, and save Nigerian democracy. We must nip this in the bud before our democracy is completely eroded,” the communiqué concluded.
News
Labour threatens action if Rivers emergency rule is not reversed


The Organised Labour has strongly condemned the declaration of a state of emergency in Rivers State, warning that it may be forced to take decisive action that could disrupt national economic activities if the proclamation is not reversed within a reasonable timeframe.
The threat was contained in a statement jointly signed by the Rivers State Chairperson of the Nigeria Labour Congress (NLC), Alex Agwanwor; State Chairperson of the Trade Union Congress (TUC), Ikechukwu Onyefuru; and Chairperson of the Joint Negotiation Council (JNC), Chuku Emecheta.
The labour unions raised concerns about the legality, economic impact, and consequences of the federal government’s actions.
The Organised Labour described the declaration of a state of emergency and the suspension of the elected governor, Siminalayi Fubara; deputy governor, Ngozi Odu; and House of Assembly members as premature and baseless.
According to the union leaders, the people of Rivers State freely elected these officials, and any attempt to remove them outside constitutional processes undermines democracy.
They insisted that such actions must be reversed to protect the integrity of Nigeria’s democratic system.
They highlighted the immediate hardship the state of emergency has caused for local government workers, many of whom have yet to receive their salaries.
The statement noted that withholding workers’ wages has exposed them to avoidable economic suffering, particularly at a time when the cost of living is already high.
The Organised Labour warned that the state of emergency could have devastating economic consequences, emphasising Rivers State’s strategic importance to Nigeria’s economy and the Niger Delta region.
It said with the nation already grappling with inflation, naira devaluation, high exchange rates, rising unemployment, and skyrocketing living costs, further instability in Rivers State could worsen the situation nationwide.
The statement also pointed out that the political uncertainty caused by the state of emergency has driven away potential investors who had expressed interest in the state’s economic initiative.
This loss of investment, according to labour leaders, is damaging the state’s internally generated revenue (IGR) and will have long-term consequences for economic development and employment opportunities in the region.
While acknowledging the need for maintaining law and order, the Organized Labour stressed that such actions must be carried out within the framework of the Nigerian Constitution.
The unions argued that suspending elected officials and allegedly disrupting salary payments for workers violate fundamental rights and could worsen security and economic challenges.
They urged the Federal Government to prioritise the safety and welfare of citizens over political interests, warning that any governance approach that sacrifices workers’ well-being for political maneuvers would only heighten tensions and resistance.
The statement called on President Bola Tinubu, the National Assembly, and the judiciary to take immediate steps to reverse the state of emergency and reinstate the suspended elected officials.
In a bid to resolve the situation peacefully, the unions advised the federal government to engage in meaningful dialogue with relevant stakeholders.
They warned that a failure to do so could lead to further escalation of the crisis, worsening the already tense political atmosphere in the state.
While calling on workers to remain calm and continue their duties, the Organised Labour leaders warned that they would not hesitate to take strategic union actions if their demands were not met within a reasonable timeframe.
Such actions, they emphasised, could have significant consequences for national economic activities. (Channels TV)
News
INEC rejects petition submitted for Natasha’s recall


The Independent National Electoral Commission (INEC) says the petition submitted for the recall of Senator Natasha Akpoti-Uduaghan fell short of some requirements.
Sam Olumekun, National Commissioner & Chairman, Information and Voter Education Committee, said this in a statement issued on Thursday, 25th March, 2025.
Olumekun said the commission would take the necessary steps in line with laid down provisions if the petitioners completes the process in the appropriate manner.
“The Commission held its regular weekly meeting today, Tuesday 25th March 2025. Among other issues, the meeting discussed the petition for the recall of the Senator representing Kogi Central Senatorial District.”
“The process of recall is enshrined in the 1999 Constitution, the Electoral Act 2022 as well as the Commission’s detailed Regulations and Guidelines for Recall 2024, available on our website. All petitions will be treated in strict compliance with the legal framework.
“The petition from Kogi Central Senatorial District was accompanied by six bags of documents said to be signatures collected from over half of the 474,554 registered voters spread across 902 Polling Units in 57 Registration Areas (Wards) in the five Local Government Areas of Adavi, Ajaokuta, Ogori/Magongo, Okehi and Okene.
“The Commission’s immediate observation is that the representatives of the petitioners did not provide their contact address, telephone number(s) and e-mail address(es) in the covering letter forwarding the petition through which they can be contacted as provided in Clause 1(f) of our Regulations and Guidelines. The address given is “Okene, Kogi State”, which is not a definite location for contacting the petitioners. Only the telephone number of “the lead petitioner” is provided as against the numbers of all the other representatives of the petitioners.
“The Commission wishes to reiterate that the recall of a legislator is the prerogative of registered voters in a constituency who sign a petition indicating loss of confidence in the legislator representing them. Once the petition meets the requirements of submission, as contained in our regulations, the Commission shall commence the verification of the signatures in each Polling Unit in an open process restricted to registered voters that signed the petition only. The petitioners and the member whose recall is sought shall be at liberty to nominate agents to observe the verification, while interested observers and the media will also be accredited. At each Polling Unit, signatories to the petition shall be verified using the Bimodal Voter Accreditation System (BVAS).
“Consequently, if the petitioners fully comply with the requirements of Clause 1(f) of the Regulations and Guidelines regarding the submission of their petition, the Commission will announce the next steps in line with the extant laws, regulations and guidelines. In the absence of a definite contact address, the Commission is making efforts to use other means to notify the representatives of the petitioners of the situation.”
The Commission reassured the public that it would be guided by the legal framework for recall.
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