National Assembly Passes NIWA Repeal and Re‑enactment Bill in Line with Supreme Court Judgment
The National Assembly has passed the National Inland Waterways Authority (Repeal and Re-enactment) Bill, 2026, a major reform aimed at bringing Nigeria’s inland waterways law into line with the Constitution and a landmark Supreme Court judgment.
The bill, which is a House of Representatives legislation, repealed and replaced the existing National Inland Waterways Authority (NIWA) Act, following Supreme Court’s decision in the legal dispute between the Attorneys-General of Lagos State and the federal government.
In its judgment, the Supreme Court had in May this year, ruled that the federal government could only regulate inland waterways that fall within its constitutional powers.
The decision invalidated several provisions of the existing NIWA Act that gave the federal government wider regulatory authority than the Constitution permits.
To address this, the new legislation clearly defines the areas where the National Inland Waterways Authority has legal jurisdiction.
It also removes the sections of the old law that were struck down by the Supreme Court and eliminated areas of conflict between the federal government and state governments over the control and regulation of inland waterways.
The bill is also designed to encourage greater private sector investment in inland water transportation by creating a clearer legal framework.
In addition, it strengthens provisions on navigation safety, environmental protection and the sustainable development of Nigeria’s waterways.
The legislation, which was earlier passed by the House of Representatives was concurred to by the Senate on Thursday.
With the Senate approval, it has now been passed by the National Assembly and would be transmitted to President Bola Tinubu for his assent before it becomes law.
The Supreme Court had two months ago, declared Sections 12 and 13 of the National Inland Waterways Authority (NIWA) Act unconstitutional to the extent that they empower the Federal Government to exercise control over lands adjoining waterways for purposes unrelated to navigation and maritime activities.
The apex court delivered the judgment in Suit No. SC/CV/541/2025 filed by Lagos State against the Federal Government over the constitutional limits of federal authority on inland waterways and adjoining lands within states. Legal
The matter was determined by a seven-member panel led by Justice Mohammed Lawal Garba, JSC, with Justice Abubakar Sadiq Umar, JSC, reading the lead judgment. The panel also included Justices Emmanuel Akomaye Agim (Dissenting), Chidiebere Nwaoma Uwa, Haruna Simon Tsammani, Stephen Jonah Adah and Mohammed Baba Idris (Dissenting).
Senior Advocates of Nigeria, including Babatunde Raji Fashola, OlasupoShasore and Muiz Banire, appeared for Lagos State, while Akin Olujimirepresented the Federal Government.
The court overruled preliminary objections challenging its jurisdiction and proceeded to determine the substantive issues raised in the suit.
In its findings, the Supreme Court held that Sections 12 and 13 of the NIWA Act exceeded the legislative powers of the National Assembly because they purported to regulate lands adjoining waterways beyond matters connected with navigation, maritime activities and fishing. Legal
According to the court, the National Assembly acted ultra vires by extending federal control to adjoining lands for non-navigational purposes, contrary to the provisions of the 1999 Constitution.
However, speaking after the passage of the bill, Senate President Godswill Akpabio described the legislation as a major milestone that would provide a clear framework for the administration of inland waterways while opening up new economic opportunities for states and private investors.
He said the new legal framework would eliminate the recurring conflicts over control of inland waterways, create a more coordinated transportation system and encourage greater investment in the sector.
The Senate also concurred with two bills transmitted by the House of Representatives to increase the number of judges of the FCT High Court, and amend Nigeria’s tobacco control law.
The High Court of the Federal Capital Territory (Number of Judges) Amendment Bill, 2026, seeks to raise the number of FCT High Court judges from 75 to 100, and while the National Tobacco Control (Amendment) Bill, 2026, which seeks to modernise the 2015 Act by extending regulation to emerging nicotine products, including non-combustible tobacco and nicotine pouches, while retaining restrictions on access by minors and use in public places.
