Description

SC/CV/541/2025

The Attorney-General of Lagos State (the Plaintiff) invoked the Supreme Court’s original jurisdiction via an Originating Summons dated 24 September 2025, primarily seeking to challenge the constitutional validity of certain provisions of the National Inland Waterways Authority Act (“NIWA Act”), particularly in its implementation of unrecognisable and expropriatory powers over the territorial waterways within the Plaintiff’s State and other states of the Federation.

The action arose from the Federal Government’s continued assertion of ownership and regulatory control over waterfront properties and lands adjoining waterways within Lagos State, including public notices issued through the Federal Ministry of Housing and Urban Development and the National Inland Waterways Authority (“NIWA”), directing owners of waterfront properties in Lagos State to obtain documentation from the Federal Government. The Plaintiff contended that these actions amounted to an unconstitutional encroachment upon the territorial integrity of States and an unlawful diminution of the constitutional powers vested in State Governments over land within their territories. The Plaintiff further stated that while the National Assembly may legislate on international and inter-state waterways pursuant to items listed out in the Exclusive Legislative List, it lacks constitutional authority to vest the Federal Government with powers to control, administer, allocate, or otherwise regulate intra-state waterways for non-navigational purposes, as such powers constitutionally reside in State Governments under the Land Use Act and the federal structure established by the Constitution.