Supreme Court Voids Parts of NIWA Act, Restrains FG from Controling Lands Adjoining Waterways in Lagos, Other States for Non-Navigational Purposes

Alex Enumah in Abuja

The Supreme Court has nullified certain sections of the National Inland Waterways Authority (NIWA) Act, for being inconsistent with the Constitution of the Federal Republic of Nigeria.

A seven-man panel of the apex court subsequently issued an order of perpetual injunction restraining the federal government from dealing in any manner whatsoever with lands adjoining waterways within the territories of Lagos State and other States of the federation for non-navigational purposes.

The apex court made the order while delivering judgment in the suit marked: SC/CV/541/2025, brought by Lagos State.

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

In arguing the suit, the plaintiff through its team of lawyers submitted that Sections 10, 11, 12 and 13 of the NIWA Act exceeded the legislative competence of the National Assembly under the Constitution and Items 36 and 64 of the Exclusive Legislative List.

Among the issues the plaintiff raised for determination by the court are: “Whether in the light of the provisions of Sections 4(2), 4(3), and 4(4), 315(1), 315(5) & 315(6), and Items 36 and 64 of the Exclusive Legislative List in the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as altered), and Sections 1 & 49 of the Land Use Act, the provisions of Sections 12 & 13 of the National Inland Waterways Authority Act are inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) in a way that it affects the territories of the Plaintiff and all States of the Federation as defined under Section 3 and Part 1, First Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as altered)”.

“Whether or not the exercise of the Federation’s powers with regard to inland waterways within the Federation is limited by Items 36 and 64 of the Exclusive Legislative List in the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as altered), Section 3 and Part 1, First Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), rendering the National Inland Waterways Authority Act unconstitutional null and void to the extent of its inconsistency with the Constitution of the Federal Republic of Nigeria”.

Meanwhile, the plaintiff urged that if the questions raised are answered in the affirmative, then the court should grant the reliefs sought by the suit.

Delivering judgment, the seven-man panel were substantially in agreement with the lead judgment delivered by Justice Mohammed Lawal Garba, except in relation to certain reliefs and the interpretation of Sections 10 and 11 of the NIWA Act. Specifically, Justice Emmanuel Akomaye Agim and Justice Mohammed Baba Idris dissented, noting that the outstanding reliefs ought to have been granted.

The apex court in the lead judgment held that Sections 12 and 13 of the NIWA Act, which purport to confer powers over lands adjoining waterways, were unconstitutional to the extent that they extend beyond matters relating to navigation, maritime activities, and fishing.

Besides, the apex court stated that the National Assembly acted ultra vires by purporting to regulate and control adjoining lands for purposes outside the scope of its constitutional powers.

Accordingly, Sections 12 and 13 of the NIWA Act were declared null and void to the extent of their inconsistency with the Constitution.

However, the Court declined to declare Sections 10 and 11 of the NIWA Act unconstitutional; it upheld its earlier decision in NIWA v. LSWA. The Court further declined to invalidate the entire NIWA Act, holding that the National Assembly retains legislative competence over matters relating to navigation, maritime activities, fishing, and the declaration of international waterways.

The apex court subsequently made an order declaration that by the provisions of Sections 4(2), 4(3), and 4(4), 315(1), 315(5) & 315(6), and Items 36, and 64 of the Exclusive Legislative List in the Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as altered), Sections 1 & 49 of the Land Use Act, the provisions of Sections 12 & 13 of the National Inland Waterways Authority Act are inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and, therefore, invalid, null and void to the extent of their inconsistencies with the Constitution of the Federal Republic of Nigeria, 1999 (as altered).

“An Order of Perpetual Injunction restraining the Federal Republic of Nigeria from dealing in any manner whatsoever with the right of way of waterways within the territory of Lagos State or any other state for non-navigable purposes”.