JUDICIARY
Court of Appeal Judgement Empowers us Regulatory Oversight, Says NIWA
The National Inland Waterways Authority (NIWA), has reassured law-abiding stakeholders in possession of its approvals on the right of way of adequate protection to secure their projects and investments.
Dr George Moghalu, Managing Director, NIWA, disclosed this in a statement in Lagos on Monday, signed by Mr Frank Meke, Technical Adviser (Media) to the Lagos Area Manager.
Moghalu was quoted as saying the protection is against unbridled harassment from parties not known to law.
He insisted that the announcement became necessary in order to put issues of Right of Way in proper perspective.
The managing director, said that in a 2014 judgement, captured in suit CA/L/886/2014- Lagos Waterways Authority and 3 ORS V INC Trustees of Association of Tourist Boat Operators and Water Transporters of Nigeria and 5 ORS, vested the right of all waterways in Nigeria and shorelines to NIWA.
He, therefore, warned all trespassers to be well guided and be circumspect or face the wrath of the federal government.
“We at NIWA hereby reassure our clients and stakeholders of the protection of their investment and workforce.
“We shall within the laws and constitutional provisions, ensure that we keep trespassers out of our Right of Way.
“Where necessary, we will deploy the Federal might to bring the oppositions to adhere to do right things and to stop further intimidation of federal government licensed stakeholders,” Moghalu said.
Throwing more light on the Court of Appeal judgement, he quoted the judges of the Court of Appeal who stated in the iconic judgement without any ambiguity that Lagos Lagoon and lekki lagoons are exclusively within the control of NIWA.
He assured that any activities within Inland Waterways, disturbed by any state agencies and illegal bodies within NIWA Right Way, would enjoy NIWA protection services.
The managing director said that it was intrusive that people bear in mind that the law as it stands today, and encapsulated in the court of appeal judgement, states clearly the areas of competence of both governments — Federal and State.
“Item 5 in the second schedule to the National Inland Waterways Act is the relevant provision for the navigable route that falls under the exclusive legislative list and it provides thus:
“The intra coastal route from Badagry, along the Badagry Creek to Lagos through Lagos Lagoon to Epe, Lekki Lagoon to Iwopin along Omu/Creek Talifa Lively to Ajilete , Akata, Aboko, Arogbo, Ofunama Benin Creek to Warri.
“Also the canal running from Araromi through Aiyetoro, Imelumo to Benin River and from Aiyetoro through Mahin Lagoon to Igbokoda.
“These routes run through International and states boundaries and is therefore consistent being an item on the exclusive legislative list. Revenue accruable from this Federal Route is payable to the Federal Waterways Authority,” he said.
Moghalu noted that the court emphasised that all other inland waterways within Lagos State are within the legislative competence of the Lagos State House of Assembly and any revenue accruable therefrom is payable to the Lagos State Waterways Authority.
“Let it be known that NIWA Lagos Office has maintained a clear vision of its mandate and had given all stakeholders the opportunity and enabling environment to join in the campaign to promote sanity and rule of law on Lagos Waterways and its shorelines management,” he said. (NAN)
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
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