N’Assembly Updates Inland Waterways Law to Align with Recent S’Court Ruling

• Approves other bills on FCT courts, tobacco control, ratifies Sept. national security summit 

•Adjourns for annual recess, to resume September 15 after endorsing key reforms

Sunday Aborisade in Abuja

The National Assembly has passed the National Inland Waterways Authority (Repeal and Re-enactment) Bill, 2026, a major reform aimed at bringing Nigeria’s inland waterways law into line with the Constitution and a landmark Supreme Court judgment.

The bill, which is a House of Representatives legislation, repealed and replaced the existing National Inland Waterways Authority (NIWA) Act, following Supreme Court’s decision in the legal dispute between the Attorneys-General of Lagos State and the federal government.

In its judgment, the Supreme Court had in May this year, ruled that the federal government could only regulate inland waterways that fall within its constitutional powers.

The decision invalidated several provisions of the existing NIWA Act that gave the federal government wider regulatory authority than the Constitution permits.

To address this, the new legislation clearly defines the areas where the National Inland Waterways Authority has legal jurisdiction.

It also removes the sections of the old law that were struck down by the Supreme Court and eliminated areas of conflict between the federal government and state governments over the control and regulation of inland waterways.

The bill is also designed to encourage greater private sector investment in inland water transportation by creating a clearer legal framework.

In addition, it strengthens provisions on navigation safety, environmental protection and the sustainable development of Nigeria’s waterways.

The legislation, which was earlier passed by the House of Representatives was concurred to by the Senate yesterday.

With the Senate approval, it has now been passed by the National Assembly and would be transmitted to President Bola Tinubu for his assent before it becomes law.

The Supreme Court had two months ago, 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. Legal

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. Legal

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.

However, speaking after the passage of the bill, Senate President Godswill Akpabio described the legislation as a major milestone that would provide a clear framework for the administration of inland waterways while opening up new economic opportunities for states and private investors.

He said the new legal framework would eliminate the recurring conflicts over control of inland waterways, create a more coordinated transportation system and encourage greater investment in the sector.

According to him, the reform has become imperative in view of the increasing importance of inland water transportation to Nigeria’s economy and the urgent need to improve safety standards.

Akpabio expressed optimism that the legislation would significantly reduce the frequent incidents of boat mishaps and loss of lives recorded across the country.

He said: “This legislation brings a clear sense of direction to the management of inland waterways in Nigeria. It allows greater participation by state governments as well as the private sector in the management of our inland waterways.

“I believe this law will help reduce the recurring cases of boat accidents and the needless loss of innocent lives on our waterways. It will also improve revenue generation for the states and encourage a more robust and sustainable transport system.”

The Senate President further noted that the law would strengthen cooperation between federal and state authorities by removing areas of overlapping responsibilities that had often resulted in disputes.

He commended the relevant Senate committees and the Senate Leader for successfully steering the legislation through the parliamentary process.

The Senate also passed amendments expanding the judicial structure of the Federal Capital Territory to accelerate the dispensation of justice.

Akpabio said the increasing population of the FCT and the growing volume of litigation had made the expansion of the courts inevitable.

He noted that the measure would reduce delays in the justice delivery system and reinforce public confidence in the judiciary.

“Justice delayed is justice denied. Expanding the courts will ensure quicker dispensation of justice and strengthen the confidence of Nigerians in the judiciary, which must remain the last hope of the common man,” he said.

The Senate also approved amendments to the National Tobacco Control Act aimed at tightening the regulation of tobacco and other non-combustible products.

Akpabio linked the abuse of tobacco products to rising health challenges, particularly among young people, stressing that stricter regulation would contribute to improved public health and national development.

He said stronger enforcement of the law would help reduce smoking-related illnesses and protect non-smokers from the harmful effects of passive smoking.

Before proceeding on recess, the Senate also approved the recommendations of its Ad Hoc Committee on the National Security Summit, paving the way for the final phase of the initiative.

Presenting the committee’s report, Senate Leader, Senator Opeyemi Bamidele, said the summit had been scheduled to hold from September 21 to 23, 2026, subject to the availability of the venue and the President’s itinerary.

He disclosed that the summit would build on the zonal interactive sessions conducted across the six geopolitical zones in November 2025, whose interim report was adopted by the Senate.

According to him, the summit, themed “Strengthening Nigeria’s National Security Architecture: Innovation, Collaboration and Resilience in a Changing World,” will bring together top government officials, security chiefs, governors, members of the diplomatic corps, traditional and religious leaders, academics, civil society organisations, the media and the private sector.

He said President Bola Tinubu is expected to declare the summit open, while Senate President Akpabio will deliver the welcome address.

Bamidele disclosed that members of the ad hoc committee had voluntarily agreed to cut short their annual recess to ensure adequate preparations for the summit.

He also announced the establishment of five sub-committees covering logistics and protocol, accommodation, media, finance, and conference management to coordinate the event.

During deliberations, some senators urged the leadership to ensure that all members of the Senate, and not only members of the planning committee, actively participate in the summit.

Responding, Bamidele clarified that the early resumption applied only to members of the planning committee, while the summit itself would take place after the Senate reconvenes in September, allowing all senators to participate.

Akpabio commended the committee for the speed with which it carried out the assignment and subsequently put the recommendations to a voice vote, which received overwhelming approval.

Following the conclusion of legislative business, the Senate Leader moved the motion for the annual recess, thanking senators, the Senate leadership and the National Assembly bureaucracy for what he described as a productive legislative year.

The Minority Leader, Abba Moro, seconded the motion.

In his valedictory remarks, Akpabio prayed for the safety of senators during the break and urged them to remain committed to serving their constituents.

The Senate thereafter adjourned its plenary until September 15, 2026, when it is expected to resume for a new legislative year.