
The Federal High Court sitting in Warri, Delta State, has restrained eight persons from carrying out unauthorised dredging and sand-winning activities at four locations across Warri, Uvwie and Ughelli.
Justice Ngajiwa granted the interim injunction in a suit filed by the National Inland Waterways Authority (NIWA) against Michael Agaren and seven others.
The order bars the defendants, either personally or through their agents and representatives, from obstructing inland waterways with dredgers, barges and other equipment.
The court also prohibited them from extracting, removing or excavating sand, gravel and stone from the affected waterways without the required authorisation.
The locations covered by the order are areas behind Peace Mass Transit Park, off Effurun-Sapele Road, in Uvwie; beside Agbarho Bridge along the Ughelli-Effurun Expressway; Enerhen Road in Warri; and near Ogbolokposo Modern Market in Uvwie.
The injunction, granted following an ex parte application by NIWA, will remain in force pending the hearing and determination of the agency’s motion on notice for an interlocutory injunction.
NIWA alleges illegal operations
In its application, NIWA accused the defendants of conducting dredging and sand-winning operations within inland waterways under its regulatory authority without obtaining the necessary licences or consent.
The agency alleged that the operators used mechanical equipment to extract sand and deployed dredgers and barges in ways that obstructed the waterways and interfered with safe navigation.
It further accused them of exceeding the prescribed maximum dredging depth of five metres and continuing operations without carrying out the required Environmental Impact Assessment tests.
NIWA said the alleged activities posed threats to the environment, the waterways and navigation safety, making urgent court intervention necessary.
The agency also linked the dispute to damage to a section of the East-West Road at Agbarho, which it attributed to uncontrolled dredging. It said the Delta State Ministry of Environment had issued a stop notice to the affected operators following the incident.
After considering the application, Justice Ngajiwa granted the interim orders covering the four locations.
Security agencies notified
NIWA welcomed the court’s intervention, describing it as an important step towards protecting the country’s inland waterways and ensuring safe navigation.
The authority reiterated that dredging and sand-winning activities on inland waterways require its approval and urged operators to comply with relevant laws and regulations.
It also called on those affected by the injunction to obey the court’s directive.
The agency disclosed that the Nigerian Army, Nigerian Navy and Nigeria Police had been notified of the order and would assist in ensuring compliance.
However, the injunction does not amount to a final determination of the allegations against the defendants. The claims of unauthorised dredging, excessive excavation and environmental damage remain subject to further judicial consideration.
The case is expected to continue with the hearing of NIWA’s application for an interlocutory injunction.
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