The Supreme Court has declared portions of the National Inland Waterways Authority (NIWA) Act unconstitutional, ruling that the Federal Government cannot exercise control over lands adjoining waterways for non-navigational purposes within states.
The apex court delivered the judgment in Suit No. SC/CV/541/2025, a constitutional dispute between Lagos State and the Federal Government over the extent of federal powers on inland waterways and adjoining lands.
Lead counsel for Lagos State included Babatunde Fashola (SAN), Olasupo Shasore (SAN), and Muiz Banire (SAN), while Akin Olujimi (SAN) represented the Federal Government.
In addition to Lagos, other states that joined the suit against the Federal Government were Bayelsa, Akwa Ibom, Ogun, Cross River, Kaduna, Enugu, Ebonyi, Ekiti, Benue, Rivers, Osun, Oyo and Anambra.
The court affirmed that state governments retain constitutional authority over adjoining lands used for non-navigational purposes, thereby restricting the federal government and the NIWA from exercising sweeping control over such areas.
The seven-member panel was led by Justice Mohammed Lawal Garba, who delivered the lead judgment, while Justice Abubakar Sadiq Umar read the decision of the court.
Other members of the panel included Justices Emmanuel Akomaye Agim, Chidiebere Nwaoma Uwa, Haruna Simon Tsammani, Stephen Jonah Adah and Mohammed Baba Idris.
The judgment was unanimous except on issues relating to the constitutionality of Sections 10 and 11 of the NIWA Act, where the court split 5-2.
Justices Emmanuel Agim and Mohammed Baba Idris dissented, maintaining that additional reliefs sought by Lagos State ought to have been granted.
The suit was initiated by Lagos State through an originating summons invoking the Supreme Court’s original jurisdiction.
Lagos State challenged the constitutionality of Sections 10, 11, 12 and 13 of the NIWA Act, arguing that the National Assembly exceeded its constitutional powers by granting the Federal Government authority over lands adjoining waterways beyond navigation-related activities.
The state also contended that federal control over inland waterways should be limited strictly to waterways designated as international or inter-state waterways under the Constitution.
In its judgment, the Supreme Court held that Sections 12 and 13 of the NIWA Act were unconstitutional to the extent that they purported to confer powers over adjoining lands for purposes outside navigation, maritime activities and fishing.
According to the court, the National Assembly acted ultra vires by extending federal powers beyond the scope permitted under Items 36 and 64 of the Exclusive Legislative List.
The court consequently declared Sections 12 and 13 of the Act null and void to the extent of their inconsistency with the Constitution.
However, the apex court declined to invalidate Sections 10 and 11 of the NIWA Act, relying on its earlier decision in NIWA v. Lagos State Waterways Authority (LSWA).
The court also refused to declare that the National Assembly lacks legislative competence over inland waterways not designated as international or inter-state waterways.
In addition, the Supreme Court granted a perpetual injunction restraining the Federal Government from dealing in any manner whatsoever with lands adjoining waterways within Lagos State and other states of the federation for non-navigational purposes.
The court also overruled preliminary objections filed by the Federal Government and other defendants challenging the jurisdiction of the Supreme Court to entertain the suit.
The landmark judgement is expected to shape future constitutional litigation on waterways, land administration, federalism, and resource control across Nigeria.
