Does the Exclusive Legislative List of the 1999 Constitution of the Federal Republic of Nigeria Encompass Navigable Waterways Across Nigeria?

CASE TITLE: NIWA & ORS v. LASWA & ORS (2024) LPELR-62198(SC)
JUDGMENT DATE: 5TH JANUARY, 2024
PRACTICE AREA: LEGISLATION
LEAD JUDGMENT: JOHN INYANG OKORO, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:
This appeal borders on constitutional law.

FACTS:

This appeal is against the decision of the Court of Appeal, Holden at Lagos, delivered on July 18, 2017, which set aside the judgment of the trial Court.

The 5th and 6th Respondents, who are Trustees of the Boat Operators, Water Transporters, and Dredgers Association, commenced an interpleader action, by way of originating summons filed on May 22, 2012, against both the Appellants and the 1st-4th Respondents, as defendants to protest persistent multiple levies and taxation from both the Federal and Lagos State Agencies on their operation. Therefore, they sought the Court’s direction regarding which agencies are entitled to issue operational certificates, operational permits, and licenses, impose taxes, issue regulations, and superintend and administer their operations within the inland waterways in Lagos State. In reaction, the Appellants, as the 5th and 6th defendants, filed their counter-affidavits with supporting written addresses.

In the judgment delivered by the trial Court on March 28, 2014, it found in favour of these Appellants.

Dissatisfied, the 1st to 4th Respondents lodged an appeal at the Court of Appeal which allowed the appeal and set aside the judgment of the learned trial Court. The Appellants are dissatisfied with the Judgment Court, hence this appeal.

ISSUES FOR DETERMINATION:

The Court considered the following issues:

(1) Whether, having regard to the clear provisions of Section 4, items 36 and 64 of Part 1 of the Second Schedule to the 1999 Constitution (as amended) and the National Inland Waterways Authority Act, waterways in Lagos State are not within the scope of the exclusive legislative list of the 1999 Constitution of the Federal Republic of Nigeria?
(2) Whether the 1999 Constitution of the Federal Republic of Nigeria (as amended), having provided for Maritime Shipping and Navigation as an item on the exclusive list, the Lagos State House of Assembly has constitutional powers to legislate on the same subject matter, and if not, whether the state law so made is not void for being unconstitutional?
(3) Whether the 1st – 4th Respondents, having not counter-claimed, can argue issues outside the scope of the Plaintiffs’ case and whether the Court below can grant reliefs not sought by way of a counter-claim by the 1st – 4th Respondents?

DECISION/HELD:
On the whole, the appeal was allowed.

RATIOS:

• APPEAL- GROUND(S) OF APPEAL: Whether ground(s) of appeal as well as issue(s) formulated therefrom must arise from the decision appealed against and effect of failure thereof
• CONSTITUTIONAL LAW- DOCTRINE OF COVERING THE FIELD: Effect of the doctrine of covering the field
• CONSTITUTIONAL LAW- CONSTITUTIONAL VALIDITY OF LEGISLATION: Constitutional validity of the Lagos State Waterways Authority Law, 2008
• LEGISLATION- ACT OF NATIONAL ASSEMBLY: Supremacy of a Federal Legislation over State Legislation
• LEGISLATURE- LEGISLATIVE LIST: Whether navigable waterways throughout Nigeria is within the scope of the exclusive legislative list of the 1999 Constitution of the Federal Republic of Nigeria

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