NIWA Warns Onitsha South Council against Converting Riverside Right-of-Way to Motor Parks

By Praise Chinecherem

National Inland Waterways Authority, NIWA, has replied the authorities of the Onitsha South Local Government Area, Anambra State, over allegation of the agency’s interference in some of its duties.

The Council through its Secretary, Mr. Paul Onuachala, had accused NIWA of interfering in the management of parks and markets in the council area, just as it alleged that people were taking them to court for matters that should be civil, as criminal cases.

However, the NIWA, Area Manager, Onitsha Mr. Nicholas Suleiman, dismissed the allegation, insisting it was Onitsha South Local Government Area that was usurping the duties of the Federal Government, as represented by NIWA, in the council area.

According to Suleiman, “it is criminal for the Onitsha South Local Government Area, to be engaging in activities that usurps the duties of NIWA, a Federal Government agency in Onitsha.

He urged Onitsha South Council led by Mr Emeka Orji, to stop further interference on NIWA’s duties and blackmailing the agency and their clients.

“The man accusing NIWA of interference did not understand the NIWA Act, and he is nobody, we don’t even consider Local Government in the affairs of NIWA. Why is he bringing himself into NIWA affairs. We don’t recognize Local Government in matters of NIWA.

“It is criminal for the council area to usurp the function of NIWA, a Federal government agency, it is the same thing the Onitsha South Local Government have been doing with our clients, I will quote some section of the NIWA Act that declares the activities of Onitsha South Local Government on the Right of Way of NIWA illegal.

“We do not know the angle from which Onitsha South Local Government is coming from, we do not know where a local government got the power to usurp the duties of the Federal Government as represented by NIWA in Onitsha.

“NIWA Act on declaration of navigable waterways, etc says that “The rivers and their tributaries, distributaries, creeks lakes, lagoons and inter-costal waterways specified in the Second Schedule to this Act, are hereby declared Federal navigable waterways.

“On Area under control of NIWA, the Act says “All navigable waterways, inland waterways, river-ports and internal water of Nigeria, excluding all direct approaches to the ports listed on the Third Schedule to this Act and all other waters declared to be approaches to port under or pursuant to the Nigerian Ports Authority Act, up to 250 meters beyond the upstream edge of the Quay of such ports, shall be under the exclusive management, direction and control of the Authority.”

On right to land use for navigable purpose, including right of way, Suleiman said that “Subject to the provision of the Lands (Title Vesting ,etc) Act, the right of land usage for improvement of navigability and provision of infrastructures shall cover areas on both banks of the waterways which would be submerged in a flood of 100 years return period.

“Secondly, in case of waterways with step banks where such flood have no overbank flow, the right of way shall include the areas of land along the waterway measured 100 meters perpendicular from the edge of the channel.”

NIWA Area Manager also drew the attention of Onitsha South Council Area to the section of the NIWA Act on the Right to land within right of way, which says, “Notwithstanding the provisions of the Land Use Act, or any other enactment, but subject to the provision of the Lands (Title Vesting, etc.) Act, the right-of-way of declared waterways and shall use such land in the interest of navigation.

“No person including a State shall, obstructs declared waterway, take sand, gravel or stone from any declared waterway or erect permanent structure within the right-of-way of divert water from a declared waterway, carry out any of the activities as specified in section 9 of this Act, without the written consent, approval or permission of the Authority”

Suleiman, therefore, wondered where Onitsha South Local derived, or got the powers it is using to demolish the structures of NIWA clients and turning the space to motor parks they are collecting levies.