The Federal High Court sitting in Warri, Delta State, has granted an interim injunction restraining eight defendants from obstructing inland waterways with dredging equipment and carrying out unauthorised sand-winning and dredging activities at four locations across Warri, Uvwie and Ughelli.
Justice Ngajiwa granted the order in Suit No. FHC/WR/CS/210/2026, filed by the National Inland Waterways Authority (NIWA) against Mr. Michael Agaren and seven others.
The court restrained the defendants, whether acting personally or through their servants, agents, privies, employees, representatives or any other persons acting on their behalf, from obstructing inland waterways with dredgers, barges or other dredging equipment.
It also restrained them from taking, removing, excavating or dredging sand, gravel or stone from the affected waterways without the requisite lawful authorisation.
The order affects dredging operations at four locations: behind Peace Mass Transit Park, off Effurun–Sapele Road, Uvwie Local Government Area; beside Agbarho Bridge, along the Ughelli–Effurun Express Road, Ughelli Local Government Area; Enerhen Road, Warri; and near Ogbolokposo Modern Market, Ogbolokposo, Uvwie Local Government Area.
The interim injunction was granted following an ex parte application filed by NIWA and will remain in force pending the hearing and determination of its motion on notice for an interlocutory injunction.
NIWA was represented by Kunle Edun, SAN, who led Faith Anigboro, Esq., and Kenneth Ebah, Esq., in the proceedings.
In its application, the federal agency accused the defendants of engaging in unauthorised dredging and sand-winning activities within inland waterways under its regulatory jurisdiction.
NIWA alleged that the defendants had been extracting and removing sand from the affected waterways through mechanical means, using dredging equipment without obtaining the necessary consent or licences from the Authority.
It further alleged that the operators obstructed the waterways with dredgers, barges and related equipment deployed for their activities, thereby interfering with the safe use of the waterways.
The Authority also accused the defendants of exceeding the prescribed maximum dredging depth of five metres applicable to their operations.
According to NIWA, the operators carried out and continued to carry out dredging activities beyond the permitted depth without conducting the requisite Environmental Impact Assessment tests.
The agency maintained that the alleged activities posed risks to the environment, waterways and navigation safety, thereby necessitating judicial intervention.
NIWA also linked the dispute to recent damage to a portion of the East–West Road at Agbarho, which it attributed to uncontrolled dredging activities.
According to the Authority, the damage prompted the Delta State Ministry of Environment to issue a stop notice to the affected dredging operators.
The allegation concerning the cause of the road damage formed part of NIWA’s account of the circumstances surrounding its application.
The agency consequently approached the Federal High Court seeking urgent orders to prevent further unauthorised dredging and obstruction of the affected waterways pending the determination of its application on notice.
The ex parte application was brought pursuant to the National Inland Waterways Authority Act, the Federal High Court (Civil Procedure) Rules, 2019, and the inherent jurisdiction of the court.
After considering the application, Justice Ngajiwa granted the interim injunction against the defendants in respect of the four identified dredging locations.
The order prohibits the defendants and persons acting through them from obstructing inland waterways with dredging equipment and from extracting sand, gravel or stone without lawful authorisation.
The injunction does not amount to a final determination of the allegations against the defendants. It is an interim measure pending the court’s consideration of NIWA’s motion on notice for an interlocutory injunction.
Reacting to the ruling, NIWA welcomed the court’s intervention, describing it as judicial relief against activities it considered harmful to the nation’s inland waterways.
The Authority maintained that it would continue to discharge its responsibility to protect inland waterways, ensure navigation safety and safeguard the environment through lawful means.
It reiterated that dredging and sand-winning activities on inland waterways require its authorisation and urged operators to comply with the relevant regulatory requirements.
NIWA also called on all persons affected by the injunction to comply fully with the court’s directive.
The Authority disclosed that the Nigerian Army, Nigerian Navy and Nigeria Police had been informed of the injunction.
According to NIWA, the security agencies would assist in ensuring compliance with the order and protecting the affected waterways from unauthorised dredging activities.
The enforcement measures are intended to prevent further obstruction of the waterways, protect the surrounding environment and maintain safe navigation.
The substantive allegations concerning unlicensed dredging, excavation beyond the prescribed depth and the alleged environmental damage remain matters for further judicial consideration.
The court’s present order is therefore limited to interim protection of the identified waterways and does not constitute a final finding that the defendants committed the alleged violations.
The matter is expected to proceed with the hearing of NIWA’s motion on notice for an interlocutory injunction.
Post Title: “Unauthorised Dredging” — Court Restrains Sand-Winning At Four Delta Sites, Bars Obstruction Of Inland Waterways By Naijaonpoint.