Supreme Court Voids Parts of NIWA Act, Restrains FG from Controlling Waterfront Lands in States

*Declares Sections 12, 13 unconstitutional

*Affirms states’ control over adjoining lands for non-navigational purposes

Alex Enumah in Abuja and Wale Igbintade in Lagos

The Supreme Court has delivered a landmark constitutional judgement limiting the federal government’s powers over lands adjoining inland waterways across the country, declaring portions of the National Inland Waterways Authority (NIWA) Act unconstitutional.In a major victory for Lagos State in Suit No. SC/CV/541/2025, the apex court held that Sections 12 and 13 of the NIWA Act are invalid to the extent that they empower the federal government to regulate and control lands adjoining waterways for purposes unrelated to navigation, maritime activities and fishing.

In addition to Lagos, other states that joined the suit against the federal government were Bayelsa, Akwa Ibom, Ogun, Cross River, Kaduna, Enugu, Ebonyi, Ekiti, Benue, Rivers, Osun, Oyo and Anambra.Lagos State’s legal team was led by the State’s former Governor, Babatunde Raji Fashola SAN, alongside Olasupo Shasore SAN, and Muiz Banire SAN, while the federal government was represented by Akin Olujinmi SAN.