The Supreme Court recently ruled on the struggle for control of inland waterways between the Federal Government led by the National Inland Waterways Authority (NIWA) and the Lagos State Government, ending a 12-year litigation battle between both parties. In this report, TOLA ADENUBI brings operators view on what happens next.
For 12 years, operators on the Lagos State inland waterways endured multiple-taxation as both the federal and state governments flexed muscle over who controls what on the state inland waterways.
Faced with a multiplicity of charges by both the federal and the Lagos State government agencies, the incorporated trustees of the Association of Tourist Boat Operators and Water Transportation of Nigeria (ATBOWATON) and the incorporated trustees of the Dredgers Association of Nigeria (DAN), in 2012, filed a suit at the Federal High Court, Lagos, to seek an end to this anomaly.
The culmination of that litigation battle which started in 2012 ended on January 5, 2024 when Justice John Inyang Okoro of the Supreme Court validated an earlier Federal High Court ruling, FHC/CS/ 543/ 2012, which pronounced NIWA as the authentic regulatory authority over Nigerian inland waterways and advised the Lagos State government and its agencies and any other states in the country to stay away from regulatory activities on Nigerian inland waterways.
With Supreme Court verdict secured, operators on the Lagos inland waterways, speaking exclusively with the Nigerian Tribune, expressed divergent opinions on what might happen next within the state’s inland waterways.
Dredgers speak
General Secretary of the Dredgers Association of Nigeria (DAN), Mr Richard Ntan, explained that everybody is happy because it brings an end to the era of multiple taxation for operators on the nation’s inland waterways.
According to Ntan, “We are all happy because it’s a case that we have followed for years. It’s a litigation process that we have been part of for years because we are the ones that wear the shoes and know where they pinch.
“It’s not been easy paying for same thing twice on the nation’s waterways. We as operators pay to the Federal Government through the National Inland Waterways Authority (NIWA) and also pay to the state government through the Lagos State Ministry of Waterfront Infrastructure Development and the Lagos State Waterways Authority (LASWA).
“It’s not been easy for us as operators to bear these multiple taxation and levies. That’s why we were part of the litigation process instituted to determine who really controls what on the nation’s inland waterways.
“And now, the Supreme Court has spoken, we are most delighted. It’s the apex court in the land, that’s why we are very happy because there is no room for appeal.
“We are just waiting to see the Certified True Copy of the judgment so that we can have a copy with us for reference purposes anytime Lagos State officials come to harass us for frivolous levies or dues.
“When we have the Certified True Copy, we will call the media to address them and inform them of where we stand.”
Boat operators speak
Speaking on the development with the Nigerian Tribune, national president of the Association of Tourist Boat Operators and Water Transporters of Nigeria (ATBOWATON), Dr Ganiyu Tarzan Balogun, explained that the Supreme Court verdict won’t stop boat operators from working with the state government, but will only guide boat operators on who to make payments to as regards inland waterways charges.
“We went to court to tell us who is the rightful regulator on the inland waterways because our members were crying and groaning over multiple forms of taxation on the nations inland waterways.
“As an operator in Lagos, I have made same payments for both the NIWA and the Lagos State Waterways Authority (LASWA). Even as of last year, I paid twice for same thing to both NIWA and LASWA. It was obvious we couldn’t continue this way and that was why we went to court in the first place.
“Now the Supreme Court has answered us and that’s the final level of resolution to litigation issues in Nigeria as of today. We will follow what the Supreme Court said and make all payments only to NIWA.
“However, this does not mean we won’t be working with the Lagos State government again. What the Supreme Court judgment means to us is that only NIWA will be collecting charges from boat operators on the inland waterways. So, going forward, we will be making all payments to NIWA, but we will also be working with the state government in other areas like safety awareness campaigns and others.
“We are the ones doing businesses on the nation’s inland waterways, so we are the ones wearing the shoes and know where they it pinch. We don’t have issues with the state governments. We have a Lagos State chapter headed by a chairman, so we will be sensitising our members in Lagos that they have to obey the safety programmes and plans of the Lagos State government.
“We are very happy that the Supreme Court judgment has brought clarity on who we should be paying to, and that ends the era of multiple taxation on the nations inland waterways. However, it does not mean we won’t be obeying state laws as regards safety on the inland waterways.
“I will like to use this medium to tell the state government officials that we need to work together. We have issues with Water hyacinth. Boat operators need more life jackets. We need to work together to surmount these challenges. NIWA is trying and also the state government is trying in this regard, but there is room for more.
“The state governments shouldn’t see the Supreme Court judgment as an opportunity to abandon inland waterways development. The judgment only tells us whom we should be paying to. It doesn’t mean we shouldn’t work with the state governments,” the ATBOWATON national president, Dr Balogun, told the Nigerian Tribune.
When contacted, the General Manager of LASWA, Mr Damilola Emmanuel, told the Nigerian Tribune that there is no update from the Lagos State government on the matter aside from a statement signed by the state’s Attorney-General and Commissioner for Justice, Lawal Pedro.
It will be recalled that the Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, while responding to the Supreme Court judgment, had said that the Lagos State government is still studying the judgement while also awaiting its Certified True Copy.
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