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Supreme Court Grants FG Exclusive Control Of All Inland Waterways

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The Supreme Court has granted the Federal Government total control of all waterways in the country, including the right to levy and licence operators in the sector.

The court, in a landmark judgement it delivered last Friday, in an appeal marked: SC/CV/17/2018, held that States lack the constitutional right to impose levies on businesses operating in the nation’s inland waterways.The appeal was filed by the National Inland Waterways Authority, NIWA, and the Nigerian Maritime Standard and Safety Agency, NMSSA, Minister of Mines and Steel Development, as well as the Minister of Transport.

Respondents to the case were the Lagos State Waterways, the state’s Commissioner for Waterfront Infrastructure Development, the state’s Attorney-General, the Governor of Lagos State, the Incorporated Trustees of Association of Tourist Boat Operators and Water Transportation of Nigeria, ATBOWTN, and the Incorporated Trustees of Dredgers Association of Nigeria, DAN.

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The apex court held that it was wrong, unlawful and illegal for states to seek to control the sector and impose levies.

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The appeal, filed in 2018, was prosecuted for the Appellants by a team of lawyers led by the present Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN.In its lead judgment that was prepared by Justice Inyang Okoro and read by Justice Emmanuel Agim, the Supreme Court held that NIWA is the only agency saddled with the responsibility to levy, impose, and charge rates of utilization along the declared waters of the Nigerian Inland Waterways Authority.

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It added that NIWA is the rightful and legal agency of FG with the powers to exclusively manage, direct and control all activities on the navigable waters and its right of way, throughout the country, for inland navigation, pursuant to Sections 8 and 9 of NIWA Act.

The apex court equally agreed with Fagbemi, SAN, that activities of the Lagos government and its agencies constituted a flagrant usurpation and an illegal encroachment on the statutory functions of NIWA because the waterways of Lagos State, among others in Nigeria, are under the Exclusive Legislative List set out in Part 1 of the Second Schedule to the 1999 Constitution.

It held that only FG, through the National Assembly, could legislate on Maritime Shipping and Navigation, stressing that the power to legislate on any subject in the Exclusive Legislative List was not within the rights of the Lagos State Government.

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The court noted that existing laws did not favour Lagos government’s arguments on resource control, adding that political stakeholders, including the Legislature, could work on ways to amend the law to address the concern raised by Lagos and others on the issue.

It restored the judgement delivered on March 28, 2014, by Justice John Tsoho of the Federal High Court in Lagos and reversed the July 18, 2017 verdict of the Court of Appeal (Lagos Division), which set aside the Federal High Court judgment.

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The Appellants had among other things, argued that the activities of the Lagos State Waterways Authority, LASWA, created by the Lagos Government, through the enactment of LASWA Law No. 14 of 2008 (LASWA 2008) by the state’s House of Assembly, to regulate, develop and manage all aspects of the waterways in Lagos State, was unconstitutional.

They argued that the inland waterways within Lagos State, not captured by the National Inland Waterways Act, are within the legislative competence of the state’s Legislature.

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It was their position that states could collect taxes/levies on businesses on waterways within their territory.

However, confronted with a regime of multiple charges by agencies of both FG and Lagos State, ATBOWTN and DAN, in a suit marked: FHC/L/CS/543/2012, approached the Federal High Court in Lagos to determine which tier of government was empowered by extant laws to license and levy business operators on the nation’s inland waterways.

In his judgment on the case, Justice Tsoho, on March 28, 2014, held, among others, that NIWA and NMSSA were the proper and lawful agencies with authority in matters relating to the commercial activities of ATBOWTN and DAN, who are involved in water tourism, water transportation and sand dredging within the national inland waterways.

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Justice Tsoho restrained the Lagos State Waterways Authority and the state’s Commissioner for Waterfront Infrastructural Development from further seeking to control the commercial activities of the plaintiffs – ATBOWTN and DAN.

Justice Tsoho’s judgement was eventually vacated on July ,18, 2017 in an appeal marked: CA/L/886/2014, which was fled by the Governor of  Lagos State and three others. Dissatisfied with the development,

NIWA and the three other Appellantts took the matter before the Supreme Court which in the judgement it delivered last Friday, reaffirmed the earlier judgement of the high court.

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Russia, China Afraid Of US Under My Administration — Trump

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United States President, Donald Trump, has said Russia and China fear the United States because of the strength of his administration, arguing that American global influence is driven primarily by its military power and leadership.

Trump, in a post on Truth Social on Wednesday stated that rival powers would not take NATO seriously without the United States, claiming the alliance lacks deterrent force in the absence of American involvement.

He expressed doubts about whether NATO members would come to the aid of the US in a real crisis, despite Washington’s continued commitment to the alliance.

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READ ALSO:Trump To Withdraw US From 66 UN, International Organisations

The president credited his leadership with rebuilding the US military during his first term and sustaining its strength, describing this as the key reason adversaries show respect and caution toward the country.

He maintained that America’s military dominance has played a central role in preserving global stability and saving lives.

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Trump also argued that his administration forced NATO members to increase defence spending, saying many allies had previously failed to meet financial commitments while relying heavily on the US.

READ ALSO:Insecurity: US Congressman Riley Moore Reveals Trump’s Mission In Nigeria 

He added that his actions helped prevent further escalation in Eastern Europe and contributed to the resolution of multiple conflicts.

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According to Trump, the United States remains the only nation that commands genuine fear and respect from both Russia and China, a position he attributed to his administration’s approach to defence, diplomacy, and global leadership.

“He wrote partly, “The only Nation that China and Russia fear and respect is the DJT REBUILT U.S.A. MAKE AMERICA GREAT AGAIN!!! President DJT.”

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Trump To Withdraw US From 66 UN, International Organisations

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United States President, Donald Trump, has announced plans to withdraw the US from 66 United Nations and international organisations, including key global bodies focused on climate change, peace and democracy.

The decision was disclosed in a presidential memorandum released by the White House on Wednesday evening, following a review of which “organizations, conventions, and treaties are contrary to the interests of the United States.”

According to Trump, the move will see the US end its participation in the affected organisations and cut all related funding.

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A list shared by the White House showed that 35 of the organisations are non-UN bodies, including the Intergovernmental Panel on Climate Change (IPCC), the International Institute for Democracy and Electoral Assistance, and the International Union for Conservation of Nature.

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Although listed as a non-UN body by the White House, the IPCC is a United Nations organisation that brings together leading scientists to assess climate change evidence and provide periodic reports to guide political leaders.

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The memorandum also announced the US withdrawal from 31 UN entities, including the UN Framework Convention on Climate Change (UNFCCC), the UN Democracy Fund, and the UN Population Fund (UNFPA), which focuses on maternal and child health.

Several of the targeted UN bodies are involved in protecting vulnerable groups during armed conflicts, including the UN Office of the Special Representative of the Secretary-General for Children and Armed Conflict.

Reacting to the announcement, UN spokesperson Stephane Dujarric said in a note to correspondents on Wednesday evening that the organisation expected to issue a response by Thursday morning.

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Despite repeatedly stating his desire to limit US involvement in UN forums, Trump has continued to exert influence on international decision-making.

READ ALSO:Trump Using FBI To ‘Intimidate’ Congress, US Lawmakers Cry Out

In October last year, he threatened to impose sanctions on diplomats who formally adopted a levy on polluting shipping fuels that had already been agreed to at an earlier meeting, a move that stalled the deal for 12 months.

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The Trump administration also sanctioned UN special rapporteur Francesca Albanese after she released a report detailing the role of international and US companies in Israel’s genocidal war on Gaza.

During his first term in 2017, Trump similarly threatened to cut aid to countries that supported a draft UN resolution condemning the US decision to recognise Jerusalem as Israel’s capital.

As a permanent member of the UN Security Council, the US wields significant influence at the United Nations, including veto power, which it has repeatedly used to block efforts to end Israel’s war on Gaza before later mediating a ceasefire.

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(Aljazeera)

 

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UK Supported US Mission To Seize Russian-flagged Oil Tanker – Defense Ministry

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The British Ministry of Defence said on Wednesday that it provided support to the United States in its operation to seize a Russian-flagged oil tanker in the North Atlantic.

US seized the tanker, which was being shadowed by a Russian submarine on Wednesday, after pursuing it for more than two weeks across the Atlantic as part of Washington’s efforts to block Venezuelan oil exports.

According to Britain, its armed forces gave pre-planned operational support, including basing following a US request for assistance.

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The UK also said a military vessel provided support for the US forces pursuing the tanker, and the Royal Air Force provided surveillance support from the air.

Defence Secretary John Healey stated that the operation targeted a vessel with a nefarious history linked to Russian and Iranian sanctions evasion networks.

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This action formed part of global efforts to crack down on sanctions busting,” he said in a statement.

READ ALSO:Venezuelan Deportees: US Embassy Gives Reason For Reducing Visa Validity For Nigerians

According to him, the US was Britain’s closest defence and security partner.

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The depth of our defence relationship with the US is an essential part of our security, and today’s seamlessly executed operation shows just how well this works in practice,” he added.

The British government said that the Bella-1 tanker, now renamed Marinera, is sanctioned by the US under its counter-Iran sanctions,

The MoD statement said the support was provided in full compliance with international law.

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