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Supreme Court restrains FG from controlling waterfront lands in states, voids parts of NIWA Act

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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.

The court affirmed that state governments retain constitutional authority over adjoining lands used for non-navigational purposes, thereby restricting the federal government and the NIWA from exercising sweeping control over such areas.

The seven-member panel of the court, led by Justice Mohammed Lawal Garba, also issued a perpetual injunction restraining the federal government from dealing with lands adjoining waterways within Lagos State and other states of the federation for non-navigational purposes.

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The matter was determined by a panel comprising Justices Garba, Emmanuel Akomaye Agim, Chidiebere Nwaoma Uwa, Haruna Simon Tsammani, Stephen Jonah Adah, Abubakar Sadiq Umar and Mohammed Baba Idris. Justice Umar, read the lead judgment.

Although the court was unanimous on most issues, the decision recorded a 5-2 split on the constitutionality of Sections 10 and 11 of the NIWA Act.

Justices Agim and Idris dissented on some aspects of the decision, maintaining that Lagos State ought to have succeeded on additional reliefs relating to federal control over waterways.

Lagos State had approached the Supreme Court under its original jurisdiction, challenging the constitutional validity of several provisions of the NIWA Act.

The state argued that the National Assembly exceeded its constitutional authority by enacting provisions empowering the federal government and NIWA to exercise control over lands adjoining waterways within states.

Specifically, Lagos contended that Sections 10, 11, 12 and 13 of the NIWA Act conflicted with Sections 4 and 315 of the Constitution, the Land Use Act, and Items 36 and 64 of the Exclusive Legislative List.

The state further argued that the federal government could not validly exercise powers over inland waterways that had not been designated as international or interstate waterways by the National Assembly.

Lagos also maintained that the federal government lacked constitutional authority to regulate lands adjoining waterways for purposes unrelated to navigation.

The state sought multiple declarations and orders nullifying the disputed provisions and restraining federal authorities from exercising control over adjoining lands within its territory.

Before delving into the substantive issues, the Supreme Court first considered preliminary objections filed by the federal government and other defendants challenging the jurisdiction of the court. The objections were dismissed for lacking merit.

The court subsequently proceeded to determine the constitutional questions raised in the suit.

One of the key issues addressed by the court was whether the case had already been settled in the earlier dispute between NIWA and the Lagos State Waterways Authority (LSWA).

The defendants had argued that the doctrine of res judicata applied because the issues had been determined in the earlier NIWA v. LSWA decision.

However, the Supreme Court rejected the argument, holding that the present suit was distinguishable from the earlier case and therefore not barred.

That finding cleared the way for the court to fully examine the constitutional validity of the disputed provisions of the NIWA Act.

In its substantive findings, the court held that Sections 12 and 13 of the NIWA Act went beyond the constitutional powers granted to the National Assembly.

The apex court ruled that while the federal government possesses authority over navigation, maritime activities, fishing and international waterways, those powers do not extend to general control over lands adjoining waterways within states.

The court held that the National Assembly acted ultra vires by attempting to regulate adjoining lands for purposes outside navigation-related activities.

Accordingly, the court declared Sections 12 and 13 unconstitutional to the extent of their inconsistency with the Constitution.

The court specifically held that the federal government cannot rely on those provisions to deal with lands adjoining waterways for non-navigational purposes.

The judgment is expected to have far-reaching implications for waterfront development, land reclamation, urban planning, environmental regulation and revenue generation in Lagos and other coastal states.

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Sowore slumps, rushed to hospital after police teargas Abuja protesters

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Human rights activist and former presidential candidate, Omoyele Sowore, has reportedly collapsed and was subsequently taken to a hospital following a confrontation with the Nigerian police during a Democracy Day protest at Unity Fountain in Abuja.

Witnesses at the scene alleged that Sowore collapsed after police operatives moved to disperse protesters gathered to demonstrate against insecurity, economic hardship and what they described as poor governance.

The protest, which attracted scores of activists and civil society groups, was disrupted after security personnel deployed tear gas canisters in an apparent attempt to break up the gathering.

It was reported that chaos erupted as protesters scampered for safety amid clouds of tear gas. In the confusion, Sowore was reportedly affected by the tear gas and subsequently lost consciousness.

Supporters and fellow activists immediately rushed to his aid and evacuated him from the protest ground. Sources close to the activist said he regained consciousness while being transported away from the scene in a vehicle.

Following the incident, Sowore has now been reportedly taken to an undisclosed hospital for further examination and treatment.

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The incident heightened tensions at the Democracy Day protest, where demonstrators had gathered to express concerns over rising insecurity, economic challenges and governance issues in the country.

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Tension in Ghana as ‘South Africa Must Go’ protesters storm MTN headquarters

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Some Ghanaian youths under the banner of the “South Africa Must Go” campaign, on Thursday staged a peaceful protest to the headquarters of telecommunications giant, MTN Ghana in Accra.

The development, which followed the deadly xenophobic attacks going in South Africa, has heightened tension in the country.

In a viral video, the protesters could be heard saying MTN and other South African companies must shut down operations in Ghana.

The demonstrators were captured in the video carrying placards with different inscriptions such as “Ghanaian lives matter” and chanting slogans as they converged on the company’s premises.

The development comes weeks after Ghana and some other African countries, including Nigeria, began evacuating their citizens from South Africa amid rising tensions.

In Nigeria, the first batch of the returnees arrived in the country on Thursday and were received by government officials, including Minister of State for Foreign Affairs, Sola Enikanolaiye.

 

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Democracy Day address: Terror financiers will pay dearly, says Tinubu

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President Bola Ahmed Tinubu
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…issues ultimatum to bandits, kidnappers,  their sponsors to surrender or…

President Bola Tinubu has vowed that no mercy will be shown to terror purveyors who enable the killing and kidnapping of innocent Nigerians.

He also issued an ultimatum to bandits, kidnappers and sponsors of terrorism to surrender or face the full force of the Nigerian state, disclosing that his administration had already neutralised over 13,000 terrorists in the past year alone.

Tinubu gave the warning in his national address delivered on the occasion of the country’s 27th consecutive Democracy Day celebration, his fourth as President since 2023.

According to him, although terror-related deaths had declined by 81 per cent since 2015, Friday’s Democracy Day celebration was subdued by the continued captivity of schoolchildren abducted in Oyo and Borno states.

He declared, “To bandits, kidnappers, and sponsors of terror: Surrender or face the full force of the Nigerian State.

“These windows of surrender will not remain open forever. No mercy will be shown to those who trade in the blood of Nigerians.”

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The Nigerian leader said his administration had moved beyond training with allies to precision operations on the ground.

“We have moved from training with our allies, the United States, France and other European countries, to precision targeting.

“In Arege, Borno State, we degraded ISWAP’s command centre.

Terror-related deaths are down by 81 per cent since 2015.

“Over 13,000 terrorists have been neutralised in the past year,” he stated.

Tinubu added that despite the neutralisation of terrorists, the door of rehabilitation remained open alongside the door of force.

“Over 124,000 fighters and dependents have laid down their arms since 2023 through Operation Safe Corridor,” he said.

The N5.41tn security allocation in the 2026 budget, Tinubu said, was a statement of national will to crush the current wave of terrorism, which has raged since 2009.

Beyond the budget, he said his administration had approved the recruitment of more than 50,000 new police officers and thousands of military recruits, which, he revealed, was designed to address the persistent gap between the number of security personnel and the security demands of over 230 million Nigerians.

Tinubu acknowledged that even as the country celebrates 27 years of steady democracy, this year’s festive spirit of Democracy Day was weighed down by the continued hostage situation involving school children and teachers kidnapped in Oyo and Borno states, which has now entered its fourth week.

“Though this year’s mood is dampened by the abduction of our children in Oyo and Borno, we remain hopeful for their safe return. Democracy without security is a mirage.

“That is why this administration declared a security emergency and approved the recruitment of more than 50,000 new police officers and thousands of military recruits.

“Our 2026 budget commits N5.41tn, our largest ever, to defence and security. Our administration is ever ready to do much more to secure our people,” he stated.

He called for national unity in the face of the security challenge, rejecting ethnic or religious framing of criminality and urging Nigerians to do the same.

“At a time like this, let us not assign blame or point fingers. Crime has no ethnicity.

“We must stand united and be assured that the enemies of our nation shall soon be history.

“We will triumph over terror and continue to build a more prosperous nation,” he declared.

On the intermittent power crisis of the past three years, the President explained the scale of the challenge he inherited and his response so far.

He said by 2023, the sector was “characterised by chronic generation shortfalls, an unreliable gas supply, and transmission infrastructure so fragile that it could not evacuate available power. Distribution companies were burdened by massive losses and a metering deficit of over four million.

“The result was a sector that generated less than the 13,500 megawatts installed capacity, a sector that transmitted less than it generated, distributed less than it transmitted, and collected revenue far below what it needed to sustain itself,” he added.

Tinubu said in response, he signed the Electricity Act, granting states authority to generate, transmit and distribute power, authorised the Presidential Power Sector Task Force to raise a N4tn bond to settle verified legacy debts, and directed the Rural Electrification Agency, supported by the World Bank and the African Development Bank, to deploy off-grid and mini-grid power to underserved communities, universities, markets and hospitals.

He explained, “To address the problems besetting the sector, I signed the Electricity Act, which grants states authority to generate, transmit, and distribute power.

“The Presidential Power Sector Task Force is working hard to reduce the metering deficit. It has also been authorised to raise N4tn bond to settle verified legacy debts.

“The Rural Electrification Agency, supported by the World Bank and the African Development Bank, has deployed off-grid and mini-grid power to underserved communities, universities, markets, and hospitals.

“Electricity is a democratic dividend we owe every Nigerian. We intend to deliver it.”

On the broader economy, Tinubu said federation revenues had risen, providing states and local governments with more resources, fiscal transparency had improved, and investor confidence had returned across agriculture, energy, manufacturing, technology, mining, transportation and the creative industries.

He said non-oil exports grew by 21 per cent last year, over 1,000 small and medium enterprises had been certified for export, and the National Agricultural Development Fund was deploying 10,000 tractors over five years.

However, he acknowledged that hardship persists.

“Yet, many Nigerians still face economic hardship. We remain focused on reducing inflation, expanding food production, creating jobs, improving living standards, rebuilding confidence in our economy, and creating conditions for sustainable prosperity.

“We are moving from uncertainty to stability. The next phase is about accelerating growth and ensuring the benefits are felt in every home, every community, and every region. We believe that Democracy must be felt in the pocket,” he stated.

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