Supreme Court Nullifies NIWA Act Sections on Land Control

The Supreme Court delivered a judgment on the constitutionality of sections 12 and 13 of the National Inland Waterways Authority (NIWA) Act, declaring them unconstitutional. The apex court ruled that these sections empowered the Federal Government to exercise control over lands adjacent to waterways for purposes beyond navigational and maritime activities, which contravenes the provisions of the 1999 Constitution.

The judgment was delivered in suit no SC/CV/541/2025, filed by Lagos State against the Federal Government. A seven-member panel led by Justice Moham Lawal Garba, with Justice Abubakar Sadiq Umar reading the lead judgment, found that the National Assembly acted ultra vires in extending federal control over adjacent lands for non-navigational purposes.

Senior advocates, including Babatunde Raji Fashola and Akin Olujimi, represented the parties in court. The court also overruled preliminary objections challenging its jurisdiction to determine the substantive issues raised in the suit.