National Inland Waterways Authority & Ors v. Lagos State Waterways Authority & Ors (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

This appeal is against the decision of the Court of Appeal, Holden at Lagos in appeal No: CA/L/886/2014, delivered on 18th July, 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 22nd May, 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 Agency(ies) on their operation.

In the originating summons they sought the court’s direction as to which of the agencies is entitled to issue operational certificates, operational permit/licence, impose taxes, issue regulations, superintend and administer their operations within the inland waterways in Lagos State.

They sought from the court the determination of the following questions:

(1) Whether by virtue of the Federal legislations and state legislations in respect of licencing, registration, operation of boat and water transportation on the inland waterways of the Federal Republic of Nigeria, it’s proper and lawful for the plaintiffs to pay to both Federal and State Agency(ies) (to wit, 1st 2nd, 5th and 6th defendants) in respect of same services.

(2) If the answer is NO, then which of the two Agencies are entitled under the constitution of the Federal Republic of Nigeria to control the licencing, registration, operation of boats and water transportation on the inland waterways of the Federal Republic of Nigeria.

(3) Whether the demand for payment for same or similar issues to wit licencing, operation of boats by the 1st, 2nd, 5th and 6th defendants does not amount to multiple charges on the plaintiffs.

(4) If the answer is YES whether this court ought not to restrain the agency in breach.

(5) Whether the State and Federal Government have concurrent jurisdiction to make laws on matters relating to inland waterways an item under the exclusive list of the 1999 Constitution.

(6) Whether it is proper and lawful for the plaintiffs to continue to obtain permit, licences, and make payment to the 1st, 2nd, 5th and 6th defendants in respect of the same issue under different headings or guise to wit; operational certificate, operational permit/licence for power driven small craft etc.

(7) If No, then a direction as to which of the agencies is entitled to issue operational certificate, operational permit/licence, licence for power driven small craft.

(8) Whether under the law, the plaintiffs are only required to make payment in matters relating to their commercial activities to wit Boat, and Water Transportation either to the 1st and 2nd defendants or the 5th and 6th defendants.

(9) Whether the 2nd and 3rd defendants, agents of the 4th defendant can validly make any law in respect of mining operations within the Federal Republic of Nigeria.