Supreme Court has in a unanimous ruling stopped the Federal Government from controlling lands adjoining waterways for non-navigational purposes within states of the federation.

The court by its ruling, Friday further voided contentious portions of the National Inland Waterways Authority (NIWA) Act, which it described as unconstitutional, as it declared that the Nigerian Government cannot exercise control over lands adjoining waterways for non-navigational purposes within states.

The apex court delivered the judgment in Suit No. SC/CV/541/2025, a constitutional dispute between Lagos State and the Federal Government over the extent of federal powers on inland waterways and adjoining lands.

The suit filed by the Lagos Government through an originating summons invoking the Supreme Court’s original jurisdiction, had challenged the constitutionality of Sections 10, 11, 12 and 13 of the NIWA Act, arguing that the National Assembly exceeded its constitutional powers by granting the Federal Government authority over lands adjoining waterways beyond navigation-related activities.

Lagos also contended that federal control over inland waterways should be limited strictly to waterways designated as international or inter-state waterways under the Constitution.

In its judgment, the Supreme Court held that Sections 12 and 13 of the NIWA Act were unconstitutional to the extent that they purported to confer powers over adjoining lands for purposes outside navigation, maritime activities and fishing.

According to the court, the National Assembly acted ultra vires by extending federal powers beyond the scope permitted under Items 36 and 64 of the Exclusive Legislative List.

The court consequently declared Sections 12 and 13 of the Act null and void to the extent of their inconsistency with the Constitution.

Lead counsel for the Lagos State Government included; Babatunde Fashola (SAN), Olasupo Shasore (SAN), and Muiz Banire (SAN), while Akin Olujimi (SAN) represented the Federal Government.

The seven-member panel was led by Justice Mohammed Lawal Garba, who delivered the lead judgment, while Justice Abubakar Sadiq Umar read the decision of the court.

Other members of the panel included; Justices Emmanuel Akomaye Agim, Chidiebere Nwaoma Uwa, Haruna Simon Tsammani, Stephen Jonah Adah and Mohammed Baba Idris.

The judgment was unanimous except on issues relating to the constitutionality of Sections 10 and 11 of the NIWA Act, where the court split 5-2.

Justices Emmanuel Agim and Mohammed Baba Idris dissented, maintaining that additional reliefs sought by Lagos State ought to have been granted.

The suit initiated by Lagos Government through an originating summons invoking the Supreme Court’s original jurisdiction, had challenged the constitutionality of Sections 10, 11, 12 and 13 of the NIWA Act, arguing that the National Assembly exceeded its constitutional powers by granting the Federal Government authority over lands adjoining waterways beyond navigation-related activities.

Lagos also contended that federal control over inland waterways should be limited strictly to waterways designated as international or inter-state waterways under the Constitution.

In its judgment, the Supreme Court held that Sections 12 and 13 of the NIWA Act were unconstitutional to the extent that they purported to confer powers over adjoining lands for purposes outside navigation, maritime activities and fishing.

According to the court, the National Assembly acted ultra vires by extending federal powers beyond the scope permitted under Items 36 and 64 of the Exclusive Legislative List.

The court consequently declared Sections 12 and 13 of the Act null and void to the extent of their inconsistency with the Constitution.

Meanwhile, the court, in its ruling, declined to invalidate Sections 10 and 11 of the NIWA Act, relying on its earlier decision in NIWA v. Lagos State Waterways Authority (LSWA).

The court also refused to declare that the National Assembly lacks legislative competence over inland waterways not designated as international or inter-state waterways.

In addition, the Supreme Court granted a perpetual injunction restraining the Federal Government from dealing in any manner whatsoever with lands adjoining waterways within Lagos State and other states of the federation for non-navigational purposes.

The court also overruled preliminary objections filed by the Federal Government and other defendants challenging the jurisdiction of the Supreme Court to entertain the suit.