…As Moghalu says he considers new legislative move, an irritation***
The National inland Waterways Authority (NIWA) this week expressed disgust with an ongoing effort of Lagos State House of Assembly’s desire to further tinker with dredging laws, in spite of recently reached understanding between the Authority and the State Government.
The Maritime First learnt that NIWA has already communicated its discomfort with the State Government, stressing the need to call the Assembly to order, as it sees the current gesture as ‘hanky panky’; and threatening that the “unending face-off between the NIWA and Lagos State government over dredging activities may enter another phase”.
“The Federal Government Waterways regulatory agency frowned at the attempt by Lagos State House of Assembly to overreach itself on the extant mining laws of the Federal Republic of Nigeria, which mandates NIWA to oversight access through the waterways”, Dr. George Moghalu indicated, describing the State Assembly’s move as an ‘irritation’.
“The latest irritation is a sequel to moves by Lagos State House of Assembly to ambush the regulatory powers of NIWA and at the same time interfere in the activities of dreading companies through the composition of a 7man committee to investigate and make recommendations on dredging activities in Lagos State, a development NIWA consider as deliberate and subtle attempt to muzzle its mandate and expose it to national ridicule”, the NIWA Boss said in a letter to the Lagos State Government.
Dr. Moghalu, Managing Director of NIWA in his letter to the State Government and copied to the Secretary to the Federal Government, Boss Mustapha and the Minister of Transportation, Rotimi Ameachi; the NIWA Chief Executive also stressed the need for the State to “stop forthwith, the current posturing, which is a clear breach of peaceful resolution between NIWA and Lagos State government over clash of interest on dredging and sundry waterway matters”.
Detailing the background to the current impasse, Dr George Moghalu stated “that as a prelude to the full understanding of the matter under reference, you would recall that there was a recent clash between National Inland Waterways Authority and Lagos State waterfront and Infrastructure Development during which our staff and indeed companies registered with us were arrested by your staff and arraigned before special offences court, the resolution of that imbroglio I believe is still under consideration.”‘
Warning however that Lagos State House of Assembly’s attempt may position logs in the ongoing efforts to reach amicable settlement of vexed issues at hand, the NIWA boss drew the attention of the state government to the extant laws on Minerals and Mining Act of the Federal Republic of Nigeria which clearly states that where there are issues arising from the operations of any licenced operator of the federal government, Section 141 of the act and sections 15, 16 and 17 of the regulation made pursuant to the above act has made copious provision for its resolution.
Dr. George Moghalu further informed the state government that a ruling of the court of Appeal in Mining cadastral office vs Petroleum and Transport Investment LTD and another (2018) LPEIR 46046 which cleared the air on the vexed issue and further recognizes waterway use permit exclusively within the ambit of NIWA.
“May I in simple words, emphasize that matters within the exclusive list of the Constitution of the Federal Republic of Nigeria are outside the legislative competence of the state government as they are within the competence of the National assembly, Dr. Moghalu restated, urging the Lagos State Government to respectfully forward its observation to the leadership of the State House of Assembly.