Court Stops Lagos Govt From Collecting Fees On Waterways

 

         Barely 24 hours after a federal high court in Lagos ruled that there is no law which empowers the state government to collect toll on the newly-constructed Lekki-Ikoyi suspension bridge, the state has again lost another legal battle over its toll collection on waterways within the state. 
         Justice James Tsoho of a Federal High Court sitting in Lagos, on Friday, declared that the state government has no constitutional right to collect fees on the waterways within the state.
         The judge gave the verdict in a suit number FHC/L/CS/543/12, instituted by the Incorporated Trustees of Association of Tourist Boat Operators and Water Transporters of Nigeria, and Incorporated Dredgers Association of Nigeria, seeking an order to stop an agency of the state government, Lagos Inland Waterways Authority(LASWA) .

         Justice Tsoho in his judgement said waterways in the country belong to the Federal Government and that the Lagos State government or its agency has no constitutional right collecting fees on any of the waterways.
The judge also held that it is only the Federal Government through NIWA that has legal and constitutional rights to collect fees on the waterways in the country.
“It’s hereby declared that the fifth and sixth defendants; Federal Government and Nigerian Inland Waterways Authority, NIWA, are the proper and lawful agencies with the authority in matter relating to the plaintiffs, the Incorporated Trustees of Association of Tourist Boat Operators and Water Transporters of Nigeria, and Incorporated Dredgers Association of Nigeria.
“The first and second defendants,  (Lagos state government and Lagos Inland Waterways Authority, LASWA), are hereby restrained from seeking to control such commercial activities of the plaintiffs”, the judge held.
The boat operators through their counsel, Adejare Kembi and Amosun Vivianne, had filed the suit seeking an order of the court restraining the Lagos State government or its agents from collecting any fees or toll from them claiming that such fees or tolls are being collected by the Nigerian Inland Waterways Authority (NIWA).