The Supreme Court of Nigeria has delivered a significant judgment affirming the limits of federal power over inland waterways, ruling that the Federal Government cannot use regulatory authority over waterways to claim ownership or control of land belonging to the States
In a unanimous decision in the case of Attorney General of Lagos State v. Attorney General of the Federation & 35 Ors (SC/CV/541/2025), the apex court struck down Sections 12 and 13 of the National Inland Waterways Authority (NIWA) Act, declaring them unconstitutional and inconsistent with the Land Use Act.
By a 5-2 majority, the Court upheld Sections 10 and 11 of the Act, which deal with federal regulatory powers over navigation and safety on inland waterways.
Background of the Case
The suit challenged provisions of the NIWA Act that appeared to grant the Federal Government proprietary rights and control over lands along inland waterways, even where such lands are located entirely within a State.
Several States, including Lagos and Ogun, had argued that while the Federal Government has regulatory powers over navigable waterways under the Exclusive Legislative List, it cannot override the States’ constitutional ownership and control of land under the Land Use Act.
Tunde Ahmed Adejumo, who represented the Attorney General of Ogun State in the matter, described the judgment as “a win for constitutional federalism.”
What the Court Decided
- Sections 12 and 13 (struck down): These provisions were ruled unconstitutional because they sought to convert federal regulatory authority over waterways into ownership or control of State lands.
- Sections 10 and 11 (upheld): These sections, which empower NIWA to regulate navigation, safety, and related activities on inland waterways, were preserved.
The Court made it clear that federal regulatory power over waterways cannot be used to override or diminish the States’ rights over land as vested under the Land Use Act.
Implications
Legal practitioners and observers say the judgment reinforces the principle of constitutional federalism in Nigeria. It draws a clear distinction between:
- Federal regulatory authority over navigable waterways (which remains intact), and
- State ownership and control of land (which cannot be taken away through federal legislation).
The ruling is expected to have significant implications for States with extensive inland waterways, particularly in the South-West, South-South, and North-Central regions, as it protects their rights to manage and derive revenue from lands along riverbanks and waterfronts.
It also serves as a check against federal agencies expanding their powers beyond what the Constitution permits.
