February 22, 2025

WATERWAYS CONTROL : Federal High Court Upholds NIWA’s Superiority on Legislation

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* Says State government has no authority of legislation over Inland waterways

By Silas Onuoha

The Federal High Court of Nigeria in Port Harcourt Judicial Division, holding before his Lordship Hon. Justice I.S Mark, in his judgment recently ordered that a State government has no authority, powers to legislate on, and enforce compliance of legislation that affects the use, management and control of Inland waterways in Nigeria.

The Court stated that waterways legislation is exclusively within the control of National Inland Waterways Authority (NIWA), by virtue of the constitution and the Act establishing NIWA by the National Assembly.

This formed part of a press statement released by the General Manager, Corporate Affairs of NIWA, Mr Jibril Darda’u in Lagos.

The judge gave the order in Suit No: FHC/PH/CS/142/2022 between Bright Waters Energy Limited (plaintiff),
the Honorable Attorney-General and Commissioner for Justice, River State, the Hon. Commissioner of Environment, Rivers State and Petroleum Financial Corporate (PFC) as (defendants).

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