courts’ jurisdiction in land matters

Q486. Does the Federal High Court have jurisdiction to entertain land matters?

No. The section of the constitution of the Federal Republic of Nigeria, 1999 stipulating the items where the Federal High Court has jurisdiction, did not mention land as one of the items to be adjudicated upon by the Federal High Court. See Section 251 of the Constitution of the Federal Republic of Nigeria, 1999.Not that the jurisdiction conferred on the FHC in Section 251 of same CFRN, 1999, as amended, has not been detracted from nor has it been expanded by any Act of the NASS as Section 252 permits it to do. The High Court of a state and High Court of the Federal Capital Territory are the courts conferred with the powers or jurisdiction to adjudicate on land matters. Sections 39, 41 and 42 of the Land Use Act Cap L5 LFN, 2004. The Federal High Court has no jurisdiction to hear and determine any dispute on declaration of title to land. Adetayo & Ors. V. Ademola & Ors. (2010) 15 NWLR (Pt. 12150 169. Nigerdock Nig. Plc V Aderibole (2019) HELAR ratio 4;

Q487. Do the State High Courts and the High Court of the Federal Capital Territory Abuja have exclusive jurisdiction over land matters in urban area?

Yes, the High Court of a state has exclusive jurisdiction to adjudicate on matters relating to land within the urban area of the state. Also the High Court of the Federal Capital Territory, Abuja has exclusive jurisdiction to adjudicate on land matters within the Federal Capital Territory Abuja. Section 39 of the Land Use Act Cap L5 Laws of the Federation of Nigeria, 2004; Nigerdock Nig. Plc V Aderibole (2019) HELAR ratio 4;

Q488. Do the Area Court or Customary Court have jurisdiction over land matters in rural area?

The Customary Court in the southern, western and eastern part of the country (Nigeria), and the Area Court in the Northern part of Nigeria, have jurisdiction in respect of proceedings in respect of a customary right of occupancy granted (or deemed granted) by a local government. “Proceedings” as used in Section 41 of the Land Use Act Cap L5 LFN 2004 include proceedings for a declaration of title to a customary right of occupancy.