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COURT JURISDICTION IN CUSTOMARY RIGHT OF OCCUPANCY GRANTED BY LOCAL GOVERNMENT

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Olaleye-Ote & Anor v. Babalola (2012) LPELR-9275(SC), where it was stated that, “The Land Use Act vested jurisdiction in proceedings relating to Customary Right of Occupancy granted by a Local Government on: ‘An Area Court or Customary Court or other Court of equivalent jurisdiction in a State without classification. The State Law imposed classification with jurisdiction of each grade of Court based on the value or annual rental value of the land, this modifying the jurisdiction conferred by the Federal Law.’ In my humble view, the Federal Legislature effectively covered the field in relation to the jurisdiction of the relevant Courts over proceedings in matters of customary right of occupancy granted by a Local Government. The State Law conferring jurisdiction according to Grade and value of the land in litigation is in conflict with S.41 of the Land Use Act, a Federal legislation.”

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jurisdiction, land

JURISDICTION IS A THRESHOLD MATTER

Jurisdiction is a threshold matter. Once raised all proceedings abate until it is resolved. Proceedings conducted without jurisdiction amount to a nullity. There is nothing as useless as conducting a trial flawlessly only to find out that the court had no jurisdiction to hear the matter. That explains why the issue of jurisdiction can be taken at any stage of the proceedings, at trial, on appeal and even in the Supreme Court for the first time.

– Rhodes-Vivour, JSC. Olabomi v. Oyewinle (2013) – SC.345/2012

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JURISDICTION IS FUNDAMENTAL TO ADJUDICATION

Jurisdiction, it is settled, is fundamental to adjudication. It is a radical and crucial necessity for, as in the instant case, where a Court proceeds without jurisdiction to hear the case, the proceedings so embarked upon by the Court are a nulity ab initio however well conducted the proceedings and brilliantly decided the issues agitated therein are. Defect in the Court’s competence is intrinsic and not extrinsic to the entire adjudicatory process. See Oloriode V. Oyebi (1984) 5 SC 1 at 32 33, Mustapha V, Governor of Lagos State and Musaconi Limited V. Mr. H, Aspinall (2013) LPELR 20745 (SC). It must be restated that a Court is only vested with jurisdiction and power to adjudicate on an issue when the matter is brought before it in accordance with both substantive and adjectival law. See Madukolu V. Nkemdilim (1962) SCNLR 341, Ukwu V. Bunge (1997) 8 NWLR (Pt 678) 527.

— M.D. Muhammad, JSC. Onyekwuluje v Animashaun (2019) – SC.72/2006

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SUBJECT MATTER OF THE CLAIM THAT DETERMINES JURISDICTION

It is trite law that it is the claim of the Plaintiff that determines the jurisdiction of the Court. P & C.H.S CO. LTD. & ORS. V. MIGFO (NIG.) LTD. & ANOR. (2012) VOL. 212 LRCN 1; ABDULHAMID V. AKAR (2006) 5 SCNJ 43. Making it more explicit, the Apex Court in the case of OLORUNTOBA-OJU & ORS. V. DOPAMU & ORS. (2008) LPELR 2595 (SC) P. 19 PARAS. A-B, Per Oguntade JSC, held thus: “The jurisdiction of the Court will be determined by the subject matter of the claim and not the claim relating to the injunction which was an ancillary relief and depend on the primary claim.”

— U. Onyemenam, JCA. Iheme v Chief of Defence Staff (2018) – CA/J/264/2017

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COURT OF LAW SHOULD EXERCISE JURISDICTION WHERE

It is well settled, that a Court of law or tribunal is deemed competent to entertain and determine a matter or action before it if: (a) It is properly constituted in regard to numbers and qualification of the member thereof, and no member is disqualified for any reason whatsoever; (b) The subject matter of the case is within its jurisdiction, and there is no feature therein preventing the Court from exercising its jurisdiction; and (c) The case is initiated by due process of law, and upon satisfying any condition precedent to the exercise of jurisdiction. See Madukolu v. Nkemdilim (1962) 1 All NLR 587; (1962) 2 SCNLR 341; Mark v. Eke (1997) 11 NWLR (Pt. 529) 501; SLB Consotium Ltd v. NNPC (2011) 9 NWLR (Pt. 1252) 317, (2011) 5 SCM 187.

– I.M.M. Saulawa JSC. Ihim v. Maduagwu (2021)

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DISTINCTION BETWEEN A HOLDER & OCCUPIER IN LAND LAW

The essential distinction which could be made between a “holder” and an “Occupier” as defined, is that whereas the former is a person entitled in law to a right of occupancy, the latter is not a person so entitled. The legal effect of the distinction is that an “occupier” will necessarily hold of a “holder” who would at the commencement of the Land Use Act be entitled to a customary right of occupancy. Hence, the fact that the “occupier” is in possession, and the “holder” is not, does not alter the true legal status of the parties.

– Karibe-Whyte, JSC. Abioye v. Yakubu (1991) – SC.169/1987

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THE FCT HIGH COURT IS NOT A COURT FOR ALL PURPOSE

Section 299 of the 1999 Constitution, be it noted, regards the FCT, Abuja “as if it were one of the States of the Federation”. Accordingly, for all intents and purposes, FCT High Court, under the Constitution, is no more than a State High Court. The Constitution has never intended it to be a High Court at large with Jurisdiction over matters outside its territory.

– E. Eko JSC. Mailantarki v. Tongo (2017) – SC.792/2015

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