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Supreme Court restrains FG from controlling waterfront lands in states, voids parts of NIWA Act
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.
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.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has disclosed that there are two main reasons a former Minister of Science, Technology and Innovation, Uche Nnaji, is being detained by the commission.
It also revealed that legal action was taken against the Enugu-born politician after he failed to honour several invitations extended to him through a letter referenced ICPC/HC/CSTF/GUN/GBT/T.1/VOLV16, and dated 15 May 2026.
John Odey, the spokesman of the commission in a statement on Wednesday explained that the commission later approached Federal High Court, Abuja Division, with the suit No: FHC/ABJ/CS/1160/2026) in order to effect Nnaji’s arrest after his failure to honour invitation.
Nnaji was arrested at the Akanu Ibiam International Airport, Enugu, when he boarded a private jet to Abuja.
Corroborating the development, the ICPC spokesman said Nnaji’s arrest was effected at the Nnamdi Azikiwe International Airport, Abuja, upon his arrival where he was led to the commission’s custody immediately.
According to him, Nnaji is being probed on forgery of academic credentials, specifically concerning a degree certificate from the University of Nigeria, Nsukka (UNN) and False National Youth Service Corps (NYSC) Discharge Certificate, which was submitted during his ministerial screening process in 2023.
The statement read, “The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has arrested the immediate past Minister of Science, Technology and Innovation, Hon. Geoffrey Uchechukwu Nnaji (M), following the execution of a bench warrant issued by the Federal High Court of Nigeria.
“The arrest was effected on Wednesday, 1st July 2026 at the Nnamdi Azikiwe International Airport, Abuja, upon Mr. Nnaji’s arrival.
“He was apprehended with the assistance of the Department of State Services (DSS) and subsequently handed over to the ICPC for further investigation.
“The Commission had earlier extended formal invitations to the former minister through a letter referenced ICPC/HC/CSTF/GUN/GBT/T.1/VOLV16, dated 15 May 2026.
“The invitation notices were duly served to his known addresses in Abuja and Enugu, as well as via his electronic mail address.
“Despite service through multiple channels, Mr. Nnaji failed to appear for investigative interviews on the scheduled dates, necessitating further legal action.
“The legal action followed a court order granted by the Federal High Court in the Abuja Judicial Division (Suit No: FHC/ABJ/CS/1160/2026).
“The order, issued on 11 June 2026, directed the ICPC to arrest the former minister to enable investigation into allegations bordering on:
“Forgery of academic credentials, specifically concerning a degree certificate from the University of Nigeria, Nsukka (UNN); and “False National Youth Service Corps (NYSC) Discharge Certificate, which was submitted during his ministerial screening process in 2023.
“Following the arrest, Mr. Nnaji has been taken into custody at the ICPC headquarters in Abuja, where investigations are expected to continue. The Commission assures the public that the matter will be pursued diligently in accordance with the law.”
The immediate past Minister of Science and Technology, Uche Nnaji, was arrested on Wednesday at the Nnamdi Azikiwe International Airport, Abuja, on arrival from Enugu via a chartered flight.
Authoritative sources at the airport confirmed the arrest to PREMIUM TIMES, saying Mr Nnaji would be handed over to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for interrogation.
The reported arrest comes weeks after the Federal High Court reportedly granted the ICPC permission to arrest and investigate Nnaji over the allegations.
The court also authorised the anti-graft agency to declare him wanted through newspapers, social media platforms and other media channels after the commission alleged that he repeatedly failed to honour invitations for questioning.
According to the ICPC, its application to the court followed Nnaji’s alleged refusal to appear before investigators despite several invitations relating to the forgery allegations.
The case stems from a two-year investigation published by Premium Times in October last year, which alleged that Nnaji submitted forged University of Nigeria degree and National Youth Service Corps certificates during his ministerial screening and confirmation process in 2023.
The report alleged that the documents were presented to President Bola Ahmed Tinubu, the Nigerian Senate, the Office of the Secretary to the Government of the Federation and the State Security Service.
According to the publication, Nnaji later acknowledged that the University of Nigeria did not issue him the degree certificate in question, a development the newspaper said corroborated its investigation.Newspapers
The former minister had previously denied the existence of the court order authorising his arrest, dismissing the publication as a “media trial.”
However, on June 18, he reportedly filed an appeal before the Court of Appeal, seeking to overturn the arrest order.
As of the time of filing this report, the ICPC had not issued an official statement confirming the reported arrest, while Nnaji’s legal team had yet to publicly respond to the latest development.
The Federal High Court in Abuja, on Tuesday, restored the bail it had earlier granted to activist and presidential candidate of the African Action Congress (AAC), Omoyele Sowore.
Sowore is facing a two-count cybercrime charge filed against him by the Department of State Services (DSS) for calling President Bola Tinubu a “criminal” in a social media post.
Trial Justice Muhammed Umar, who had earlier granted the defendant bail on self-recognisance, on June 16 revoked the bail and issued a warrant for his arrest.
The order came after Sowore failed to appear before the court for the continuation of his trial, even though he wrote a letter explaining his absence and requesting a new date.
When proceedings resumed in the case on June 22, Justice Umar ordered the remand of the defendant in Kuje prison.
Dissatisfied with the actions the court took against him, Sowore—whose legal team had initially withdrawn from the case over alleged bias by the judge—secured a new lawyer, who promptly filed a motion to restore his bail and quash the arrest warrant.
When the case came up on Tuesday, Justice Umar held that he was minded to admit the defendant to bail.
However, the court listed some conditions that had to be met before he would be released from prison custody.
Aside from granting him bail to the tune of N200 million, the court held that the defendant must produce two sureties in like sum.
The court also ordered the defendant to surrender his international passport.
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Sowore, in the application he anchored on Sections 35(4), 36(1), and 66 of the 1999 Constitution, as amended, as well as Sections 169 and 352 of the Administration of Criminal Justice Act (ACJA) 2015, insisted that the orders the court made against him were unjust and unwarranted.
The defendant had, on December 2, 2025, pleaded not guilty to the charge marked FHC/ABJ/CR/484/2025, filed against him by the Department of State Services (DSS).
The charges allege offences under Sections 24(1)(b) and 24(2)(a), (b), and (c) of the Cybercrimes (Prohibition, Prevention, Etc.) (Amendment) Act, 2024.
The offending posts, made on August 25, 2025, were in response to President Tinubu’s claim, made in Brazil, that his administration had ended corruption in Nigeria.
Angered by the posts, the DSS demanded that X Inc. (formerly Twitter) and Meta Platforms Inc. ban Sowore’s accounts and remove the posts.
The security agency also wrote to Sowore, asking him to delete the posts from all platforms.
Non-compliance with the request led to the charges.
The prosecution claims the defamatory posts were intended to cause a breakdown of law and order and to tarnish the president’s reputation.
Exhibits include printouts of the posts and the DSS letters.
X Inc. and Meta were initially co-defendants but were delisted in the amended charge.
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