LEGAL PRINCIPLE: CIVIL PROCEDURE — Ouster of High Court’s Jurisdiction in Land Acquisition Compensation Matters
PRINCIPLE STATEMENT
Legislation can validly oust the jurisdiction of High Courts and other courts with original jurisdiction in land matters from hearing or determining questions relating to compulsory land acquisition, including compensation amounts and entitlement.
RATIO DECIDENDI (SOURCE)
Per Ogundare, J.S.C., in Adesina & Ors v. Kola & Ors (1993) NLC-751987(SC) at pp. 20–21; Paras A–B:
"As from the commencement of this Decree and notwithstanding anything to the contrary in any law, the High Court of a State or any other court having original jurisdiction in land matters shall not have jurisdiction to hear or determine... any question relating to or concerning any such and including the amount of compensation payable in respect of such acquisition and the persons entitled to such compensation..."
EXPLANATION / SCOPE
This principle confirms the power of the legislature (or military government through decrees) to redistribute judicial jurisdiction and exclude courts from hearing specific categories of disputes. In the context of land acquisition, it reflects a policy decision to channel compensation disputes through specialized tribunals or administrative processes rather than ordinary courts. The ouster is comprehensive, covering not just the fact of acquisition but all ancillary matters including quantum of compensation and identification of beneficiaries. Parties seeking to challenge acquisition-related matters must utilize the designated alternative forums rather than the regular court system.