Supreme Court Limits Federal Control Over Waterfront Lands

On a landmark decision, the Supreme Court of Nigeria declared sections 12 and 13 of the National Inland Waterways Authority (NIWA) Act unconstitutional, thus restricting the Federal Government's control over lands adjacent to inland waterways across the country. The ruling was a significant victory for Lagos State, which had challenged the Federal Government's authority in a suit (No.

SC/CV/541/2025) alongside other states including Bayelsa, Akwa Ibom, Ogun, and Cross River. The court, led by Justice Moham Lawal Garba, issued a perpetual injunction preventing the Federal Government from regulating land adjacent to waterways for non-navigational purposes.

The court found that the Federal Government's powers did not extend to controlling such lands, as it exceeded the constitutional authority granted to the National Assembly. The decision was reached by a seven-member panel, with a split ruling of 5-2, affirming that Lagos State's legal team, led by former Governor Babatunde Raji Fashola, successfully argued that the NIWA Act conflicted with the Constitution.