JURISDICTION — State High Court — Land in Non-Urban Areas — Effect of Section 236(1) of 1979 Constitution
Ratio Decidendi
Per Adekeye, JSC, in Okonkwo & Ors v. Okonkwo & Ors (2010) NLC-123-296-2003(SC) at p. 14, paras. B–C:
"Section 41 of the Land Use Act 1978 vesting jurisdiction of land in non-urban areas on Customary Courts, Area Courts or other courts of equivalent jurisdiction did not make it exclusive. It did not oust the unlimited jurisdiction of the State High Court as provided by Section 236(1) of the 1979 Constitution."
Explanation / Scope
This principle establishes that Section 41 of the Land Use Act 1978, which vests jurisdiction over land in non-urban areas in Customary Courts, Area Courts, or courts of equivalent jurisdiction, does not make such jurisdiction exclusive. It does not oust the unlimited jurisdiction of the State High Court as provided by Section 236(1) of the 1979 Constitution. The principle applies where jurisdiction over land in non-urban areas is challenged. It ensures that the State High Court retains its constitutional jurisdiction. The principle reflects the supremacy of the Constitution. It prevents statutory provisions from ousting constitutional jurisdiction. The court must uphold the State High Court’s jurisdiction. The principle provides guidance on jurisdiction over land in non-urban areas.