In a decisive move, the Supreme Court of Nigeria recently stripped the Lagos State government of the authority to grant land titles in waterway areas.
The judgment was in an appeal brought before it by the National Inland Waterways Authority, Nigerian Maritime Standard and Safety Agency, Minister of Mines and Steel Development and Minister of Transport.
In the judgement written by Justice John Okoro and read by Justice Emmanuel Agim, the apex court held that it was unlawful and illegal for states to seek to control the sector and impose levies on businesses operating in the nation’s inland waterways.
Speaking on the judgment delivered by the court, Barrister Olajide Ajana noted that the judgment not only revoked the Lagos State Government from issuing land titles but also rendered existing titles issued by Lagos and Elegushi Royal Family for waterway areas null and void.
Ajana stated that the Lagos State government often issue land titles to Oba Saheed Elegushi who uses them to forcefully dislodge occupants of the land and sell the same for personal gains.
The lawyer also accused Oba Elegushi of using his political might to acquire land with questionable titles through his dredging companies; Elcathay Dredging Company Nigeria Limited and Blue Bay Estate and Marina.
“The implication of the Supreme Court judgment is that all those titles that were issued by Lagos State government to a Nigerian monarch, Oba Saheed Elegushi and other people are null and void.
“The Supreme Court’s decision in this case has rendered null and void all the Lagos State titles issued to Oba Elegushi over inland waterways.”
“So Lagos State government has been excluded completely from issuing Certificate of Occupancy (C of O) or any title in respect of lands that are in the waterway.
“There are activities on the waterfront specifically in reference to Elegushi, Oba Saheed Elegushi all the titles that are parading in those neighbourhoods are titles from the Lagos state government (C of O) from Lagos State on the area that belongs to the federal government,” he said.
The lawyer urged residents of waterway areas in the state to refrain from paying taxes and levies to Oba Elegushi as the royal family has no legal backing to collect taxes from the people.
“We want to enlighten the general public, investors that the land does not belong to Oba as he doesn’t have the title and the state government cannot issue title as the rightful person to issue title in the waterways areas is the Federal government through its agency NIWA.
“The Supreme Court agrees that NIWA is the only agency that is saddled with the responsibility to levy, impose, and share the rate of utilisation of inland waterways authority.
“The Supreme Court has transferred control of activities on the nation’s inland waterways. All activities including levies, licensing, and cooperators in the sector that could belong exclusively to the federal government and its agency that the existing laws give exclusive control of activities in the nation’s inland waterways to the federal government through its agencies (i.e. NIWA, NIMASA, etc.)
“The Supreme Court is the highest in the land. The implication is that all those titles that were issued by the Lagos State government to the Elegushi or maybe to other people are now null and void,” the lawyer added.
