February 16, (THEWILL) – Fishermen in Akwa Ibom state under the auspices of: Watch Out Fishermen Cooperative Society, a k a Ghana Joint Union, Ibaka, Mbo Local Government Area of the state have threatened to sue the state government over a move to commence enforcement of marine safety regulations.
The association said the state government has no power to regulate the maritime sector as it falls within the exclusive legislative list, adding that only the federal government through the National Assembly has such power.
The group warned that any move by the state government to regulate same would amount to usurping the power of the federal government and her agencies and such action would be resisted in law court.
THEWILL reports that the state government had, in an earlier memo to the association through the permanent secretary, Ministry of Transportation dated December, 31, 2021 alerted of its plan to commence marine safety development in littoral local government councils.
The memo with registration number: MOTSM/S/157/178 titled “Commencement of Marine Safety regulations and enforcement in Akwa Ibom state “reads in part”, I have been directed to inform you that Akwa Ibom state government has commenced marine safety development including biometric registration of boats, vessels, reorganisations of waterfront, beach operation in all littoral local government areas of the state.
“You are by this letter requested to cooperate with marine safety officers to enable them carry out their official duties effectively as stipulated in the Akwa Ibom Marine (regulations) law,2017.”
But in a swift response in a letter through their solicitors, Ogunbiyi Oluwajuwon and CO, the fishermen asked the state government to desist from taking such action as it is illegal.
The association said there is no such thing as biometric registration of boats or vessel anywhere in the world, adding that biometric only relates to human characteristics.
The letter addressed to the permanent secretary of the ministry, Otuekong Nse Edem, and copied to the state governor, Udom Emmanuel, IGP, Usman Alkali Baba ,state Attorney General, Barr Uko Udom and commissioner of police in the state, Andrew Amiengheme, reads in part “We are solicitors to Watch Out Fishermen Cooperative Society, Ibaka in Mbo local government area also known as (Ghana/Joint Union), Ibaka. The said association is herein referred to as “Our Client.”
“Our office is in receipt of your letter with reference No : MOTSM/S/157/173 dated 31st December,2021 with the above caption directed to “Our Client” and we have been briefed accordingly.
We wish to state that “The maritime sector is within the exclusive legislative list as enshrined in the constitution of the federal republic of Nigeria 1999 (as amended) which invariably means that only the federal government through the National Assembly has the power to legislate on same.
“Your purported action to regulate the maritime sector in Akwa Ibom state will amount to usurping the power of the federal government and her agencies.
“There is no such thing as Biometric registration of boats or vessel anywhere in the world. Biometric is part of derivative human characteristics which makes your action no less than extortion, which is a crime under our law.
“We want to advise you to cease and desist from contacting our clients further over your illegal activities. Once an action contravenes the laws of the land it becomes illegal, no matter how highly placed or well conceived it may be.
“Kindly, take this letter as appropriate notice to commence legal proceedings against you and the state government in case you go on with your purported illegal exercise. A stick in time saves nine.” The letter read.
