01/06/2026
CASE REPORT REVIEW
A recent decision of the Supreme Court of Nigeria in Suit No. SC/CV/541/2025 has some far reaching effect on land bordering water rights. In that case, the Parties were:
*Plaintiffs/Applicants*
- *Lagos State* - Lead Plaintiff
- *Co-plaintiff states*: Bayelsa, Akwa Ibom, Ogun, Cross River, Kaduna, Enugu, Ebonyi, Ekiti, Benue, Rivers, Osun, Oyo and Anambra States.
*Defendant/Respondent*
- *Federal Government of Nigeria*
The Plaintiffs filed the suit challenging sections of the National Inland Waterways Authority and sought the following key reliefs:
*1. Declaration of unconstitutionality*
The court declared Sections 12 and 13 of the National Inland Waterways Authority (NIWA) Act invalid. Those sections were struck down to the extent they empowered the federal government to regulate and control lands adjoining waterways for purposes _unrelated to navigation, maritime activities and fishing_.
*2. Affirmation of state authority*
The court affirmed that state governments retain constitutional authority over adjoining lands used for non-navigational purposes. So control reverts to the states for land use, building approvals, etc., outside navigation/maritime/fishing.
*3. Perpetual injunction*
The seven-member panel led by Justice Mohammed Lawal Garba issued a perpetual injunction restraining the federal government from dealing with lands adjoining waterways within Lagos and other states for non-navigational purposes.
*4. Split on other sections*
The court was unanimous on most issues, but recorded a 5-2 split on the constitutionality of Sections 10 and 11 of the NIWA Act.
*Bottom line*: FG + NIWA can only control waterfront lands for navigation/maritime/fishing. For everything else - housing, commercial development, etc. - the States are back in charge.
How does this actually plays out, see the comments section for more insights. Also follow, like and share this page.
