A Lagos-based lawyer and Real Estate Advisor, Olajide Ajana, said the recent position of the Supreme Court in its judgment between the Lagos Government and the Federal Government on control of the National Inland Waterways Authority (NIWA) has dire consequences.
Ajana said this concerns lots of sand-filling projects within the inland waterways in Lagos State, particularly at the Lekki axis and Orange Island of Lagos State.
The Supreme Court of Nigeria in a landmark judgment delivered in the case of NIWA & others vs Lagos State Waterways Authority (LASWA), governor of Lagos State & ATTORN. GEN. of Lagos State on January 5. 2024 by John Inyang Okoro JSC leading other four Supreme Court Justices declared null and void Lagos State Waterways Authority Law, 2008.
The Supreme Court noted that the views expressed by Femi Okunnu (SAN) in his book “Contemporary State land matters in Nigeria” in the case of Lagos State is heavily relied on by counsel for the first to fourth respondent to argue that waterways in Lagos State do not come under item 36 of the constitution and are the personal opinion of the learned author.
The Court held that both enactments must not and cannot exist side by side. ”The National Inland Waterways Authority (NIWA) Act being a Federal law must prevail whereas the identical law enacted by the Lagos State act of Assembly must be and is hereby declared null and void.”
In his reaction, the lawyer said: “One of the universal fundamental principle of Law is the MAXIM: Nemo dat quod no habet which means ‘No one can give what he doesn’t have’.
“Relating the above principle of Law to the recent Court decision clearly means that Lagos State Government does not possess the power to issues Title or any form license to anyone within the zones and areas that falls within the Inland water ways which include all waterways. Rivers, Creeks, lakes, tiled land, lagoons below the water based line.”
“Therefore claims to the above described areas by the Oba Saheed Ademola Elegushi and others who are clinging to titles issued by Lagos State Government has no foundation, as the Laws relied on by Lagos state has been declared null and void to the extent of its inconsistency with a federal legislation. EX NIHIL FIT ; You cannot place something on nothing and expect it to stand.”
