Supreme Court Nullifies Parts of NIWA Act, Restrains FG from Controlling Waterway Lands for Non-Navigational Purposes

The Supreme Court has declared Sections 12 and 13 of the National Inland Waterways Authority (NIWA) Act unconstitutional to the extent that they empower the Federal Government to exercise control over lands adjoining waterways for purposes unrelated to navigation and maritime activities.

The apex court delivered the judgment in Suit No. SC/CV/541/2025 filed by Lagos State against the Federal Government over the constitutional limits of federal authority on inland waterways and adjoining lands within states.

The matter was determined by a seven-member panel led by Justice Mohammed Lawal Garba, JSC, with Justice Abubakar Sadiq Umar, JSC, reading the lead judgment. The panel also included Justices Emmanuel Akomaye Agim (Dissenting), Chidiebere Nwaoma Uwa, Haruna Simon Tsammani, Stephen Jonah Adah and Mohammed Baba Idris (Dissenting).

Senior Advocates of Nigeria, including Babatunde Raji Fashola, Olasupo Shasore and Muiz Banire, appeared for Lagos State, while Akin Olujimi represented the Federal Government.

The court overruled preliminary objections challenging its jurisdiction and proceeded to determine the substantive issues raised in the suit.

In its findings, the Supreme Court held that Sections 12 and 13 of the NIWA Act exceeded the legislative powers of the National Assembly because they purported to regulate lands adjoining waterways beyond matters connected with navigation, maritime activities and fishing.

According to the court, the National Assembly acted ultra vires by extending federal control to adjoining lands for non-navigational purposes, contrary to the provisions of the 1999 Constitution.