The feud between Lagos State and NIWA is pointless
The face-off between the Nationwide Inland Waterways Authority (NIWA) and the Lagos State Authorities over the constitutional energy to regulate the waters within the state is slightly unlucky. The most recent controversy is coming barely a yr after the state and NIWA resolved their variations spanning over 10 years, with the signing of a mutual settlement on modalities for waterways’ laws and management. Earlier than that decision was brokered, Lagos State had instituted a authorized motion towards the federal authorities looking for judicial interpretations on the matter earlier than it was settled out of court docket. No matter could have been the decision arrived at is now in jeopardy.
At concern is a transfer by the Lagos State Home of Meeting to problem the regulatory powers of NIWA and cease the actions of dredging corporations. This, to NIWA is an affront to its authority. In actual fact, the federal company just lately described the try by the Lagos lawmakers as overstepping their mandate on the extant mining legal guidelines within the nation which vest such oversight powers solely on NIWA.
To the extent that the administration of inland waterways is below the purview of federal authorities in lots of climes, we imagine that NIWA is on firmer grounds. In the USA of America as an example, the Marine Freeway, an initiative of the Division of Transportation (DOT) was designed to make use of the nation’s 47,000 kilometres of navigable waterways to alleviate visitors. The US Military Corps of Engineers (USACE), a federal institution, is answerable for 19,000 kilometres of the waterways. Apart from, a lot of the commercially essential inland waterways are maintained by the USACE, together with 18,000 kilometres of fuel-taxed waterways.
After evolving from Inland Waterways Division (IWD) of the Federal Ministry of Transport into an Authority vide an act of the Nationwide Meeting in 2004, NIWA’s major duty contains bettering and growing Nigeria’s inland waterways for navigation. By the enabling act, different features of NIWA are to undertake capital and upkeep dredging; undertake hydrological and hydrographic surveys; design ferry routes; survey, take away, and obtain derelicts, wrecks and different obstructions from inland waterways; function ferry companies inside the inland waterways system; undertake set up and upkeep of lights, buoys and all navigational aids alongside water channels and banks. NIWA can be vested with the facility to concern and management licences for inland navigation, piers, jetties, dockyards; look at and survey inland water crafts and shipyard operators; grant allow and licences for sand dredging, pipeline building, dredging of slots and crossing of waterways by utility strains.
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Given the foregoing features, NIWA seems to be working inside its scope, notably within the prompt case of dredging actions. Whereas it’s not clear why the Lagos legislature would select to pull the company to court docket lower than a yr after an amicable decision was reached with the state authorities, we aren’t against testing the regulation the place there are contentions. However whereas a resort to judicial resolution is okay, there are urgent points that must be the main target of consideration by each NIWA and the Lagos authority, particularly at a time like this.
Hardly does any month move inside the Lagos waters with out report of a ship accident and sometimes with heavy casualty figures. And the explanations are very clear. In line with estimates from the United Nations (UN), there are greater than three million shipwrecks within the ocean flooring worldwide and Nigeria is without doubt one of the nations the place quite a few of such wrecks are stated to be mendacity below the water mattress. Due to this fact, if this concern is about public good, what is required between NIWA and the Lagos State authorities is collaboration on the enforcement of security requirements slightly than preventing over turf.
It isn’t too late to start to tread that half.
Supply: allafrica.com
