Supreme Court Strikes Down Parts of NIWA Act, Hands States Control of Waterfront Lands

In a landmark judgment, the Supreme Court has declared sections 12 and 13 of the National Inland Waterways Authority (NIWA) Act unconstitutional. The court ruled that state governments have authority over lands adjoining inland waterways for non-navigational purposes, not the federal government.

The 5-2 split decision, delivered Friday, May 22, grants a perpetual injunction restraining the Federal Government from controlling waterfront lands in Lagos and 13 other states that brought the suit. Lagos State, led by former Governor Babatunde Fashola (SAN), spearheaded the case.

What the Court Decided

The Supreme Court held that Sections 12 and 13 of the NIWA Act violated the constitutional framework of federalism. Those sections gave the Federal Government control over lands within 100 metres of inland waterways across all states. Under the Nigerian Constitution, lands are primarily a state matter except where expressly reserved for the Federal Government.

The court affirmed that state governments own and control lands adjoining waterways within their territories as long as those lands are not used for navigational purposes. States can now regulate development, issue permits, collect revenues, and manage waterfront properties without federal interference from NIWA.

The ruling is a major victory for states’ rights. Legal analysts say it settles a long-running question over who controls Nigeria’s network of inland waterways, a question that has triggered multiple legal battles between states and the Federal Government over the years.

Fashola Leads the Charge

Babatunde Fashola, who served as Lagos State Governor from 2007 to 2015 and later as Minister of Works and Housing, led the legal team for Lagos. Sources close to the case say Fashola argued that NIWA’s claim over waterfront lands amounted to an unconstitutional takeover of state property and a violation of fiscal federalism.

The Supreme Court agreed. While NIWA has authority over navigable waterways for transportation and commerce, it cannot extend that authority to control adjoining lands for purposes unrelated to navigation, such as real estate development, tourism, or agriculture.

What This Means for Nigerians

The judgment has immediate practical implications. Property owners along waterfront areas in Lagos, Rivers, Delta, Bayelsa, and other states can expect clearer regulatory frameworks now that state governments control land use decisions for non-navigational purposes. States can also generate revenue from waterfront development permits, land leases, and tourism projects along inland waterways.

For the Federal Government, the ruling limits NIWA’s operational scope but does not affect its core mandate of managing navigation, dredging, and safety on inland waterways. The agency remains responsible for keeping waterways navigable for commercial and transportation use.

Reactions from state governments have been positive, with several governors welcoming the decision as a reaffirmation of true federalism. Legal experts expect the judgment to set a precedent for other cases challenging federal control over state lands.

Sources: ThisDay, Arise News, Politics Nigeria, Spear News