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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 moderately unlucky. The newest 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’ rules and management. Earlier than that decision was brokered, Lagos State had instituted a authorized motion towards the federal authorities in search of judicial interpretations on the matter earlier than it was settled out of courtroom. No matter could have been the decision arrived at is now in jeopardy.

At problem is a transfer by the Lagos State Home of Meeting to problem the regulatory powers of NIWA and cease the actions of dredging firms. This, to NIWA is an affront to its authority. The truth is, the federal company not too long ago 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 underneath the purview of federal authorities in lots of climes, we imagine that NIWA is on firmer grounds. In america 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 site visitors. The US Military Corps of Engineers (USACE), a federal institution, is answerable for 19,000 kilometres of the waterways. Moreover, many of the commercially vital 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 capabilities 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 providers throughout the inland waterways system; undertake set up and upkeep of lights, buoys and all navigational aids alongside water channels and banks. NIWA can also be vested with the facility to problem 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 traces.

Given the foregoing capabilities, NIWA seems to be working inside its scope, notably within the instantaneous case of dredging actions. Whereas it’s not clear why the Lagos legislature would select to pull the company to courtroom lower than a yr after an amicable decision was reached with the state authorities, we’re not against testing the regulation the place there are contentions. However whereas a resort to judicial answer is okay, there are urgent points that must be the main focus of consideration by each NIWA and the Lagos authority, particularly at a time like this.

Hardly does any month move throughout the Lagos waters with out report of a ship accident and sometimes with heavy casualty figures. And the explanations are very clear. In keeping with estimates from the United Nations (UN), there are greater than three million shipwrecks within the ocean flooring worldwide and Nigeria is likely one of the nations the place quite a few of such wrecks are stated to be mendacity underneath the water mattress. Subsequently, if this problem is about public good, what is required between NIWA and the Lagos State authorities is collaboration on the enforcement of security requirements moderately than preventing over turf.

It’s not too late to start to tread that half.