Supreme Court Invalidates Provisions of National Inland Waterways Authority Act
The Supreme Court of Nigeria has invalidated specific clauses in the National Inland Waterways Authority (NIWA) Act, deeming them unconstitutional. This landmark ruling prohibits the federal government from using land adjacent to waterways in Lagos State and other regions for any purpose other than navigation.
This decision emerged from a legal dispute identified as SC/CV/541/2025, initiated by Lagos State. The court’s ruling came from a seven-member panel that issued a permanent injunction to enforce its order.
Legal representatives for Lagos State included prominent Nigerian advocates such as Babatunde Raji Fashola, Olasupo Shasore, and Muizu Banire, while the Federal Government was represented by Akin Olujimi, SAN.
The Lagos State legal team argued that certain articles in the NIWA Act overstepped the legislative powers granted to Parliament under the Constitution. They specifically referenced Articles 10, 11, 12, and 13 of the NIWA Act, asserting that these provisions contradict Articles 36 and 64 of the Exclusive Legislative List.
The plaintiffs highlighted several issues for judicial review, including the claim that Sections 1 and 49 of the Land Use Act, along with Sections 12 and 13 of the National Inland Waterways Management Act, infringe on their territorial rights as defined in the Constitution. They contended that the federal government’s authority over inland waterways is constrained by the constitutional framework.
During its deliberation, the Supreme Court largely concurred with the lead judgement provided by Justice Mohammed Lawal Garba, with minor exceptions regarding the interpretation of Sections 10 and 11 of the NIWA Act. Justices Emmanuel Akomaye Agim and Mohammed Baba Idris dissented, arguing that the outstanding relief claimed should have been granted.
In its ruling, the Court found Sections 12 and 13 of the NIWA Act unconstitutional as they extend beyond the essential domains of navigation, marine activities, and fishing. The Court characterized the actions of the National Assembly as a severe overreach of its constitutional authority concerning the control of adjacent lands.
Thus, these sections of the NIWA Act were ruled null and void due to their inconsistency with the Constitution. However, the Court did not deem Sections 10 and 11 unconstitutional and chose not to nullify the entire NIWA Act, affirming that Parliament retains the legislative power over matters relating to navigation and maritime activities.
The Supreme Court’s comprehensive ruling underscored that Sections 12 and 13 of both the Land Use Act and the NIWA Act are void due to their inconsistency with the 1999 Constitution of Nigeria, thereby issuing a permanent injunction that prevents the federal government from any dealings related to waterway rights for purposes outside navigation in Lagos State and similar jurisdictions.
