The Sole Arbiters: Exclusive Jurisdiction of State High Courts in Land Declaration Matters under Nigeria's Land Use Act

■ Abstract

This article delves into the exclusive jurisdiction conferred upon the High Courts of the States in Nigeria to hear and determine matters relating to the declaration of title to land, with a specific focus on Section 39 of the Land Use Act, Cap L5, Laws of the Federation of Nigeria, 2004 (as amended). It explores the historical context leading to this unique jurisdictional carve-out, the implications for land administration and dispute resolution, and the consistent judicial pronouncements affirming this exclusivity. While acknowledging the Act's broader objectives of streamlining land management and tenure, the article highlights how this jurisdictional provision ensures a specialized and centralized approach to resolving complex land ownership disputes within each state. Furthermore, it briefly touches upon the challenges and interpretations that have arisen in practice, reaffirming the enduring importance of State High Courts as the ultimate arbiters of land titles in their respective territories.

■ Introduction

Land in Nigeria is not merely a physical asset; it is a profound repository of cultural heritage, economic livelihood, and social identity. Its administration and the resolution of disputes arising from its ownership have historically been complex, characterized by diverse customary laws, colonial influences, and a rapidly growing population. To address the myriad challenges in land administration and ensure equitable access, the Federal Military Government promulgated the Land Use Act of 1978 (now Cap L5, LFN 2004). This seminal legislation fundamentally altered the land tenure system in Nigeria, vesting all land in the territory of each State in the Governor of that State, to be held in trust for the benefit of all Nigerians.

A crucial aspect of the Land Use Act's framework, and indeed one of its most consistently applied provisions, is the exclusive jurisdiction it grants to the High Courts of the States to adjudicate matters concerning the declaration of rights, particularly title to land. This article will unpack this jurisdictional provision, primarily focusing on Section 39 of the Act, to demonstrate its foundational role in land dispute resolution in Nigeria.

The Land Use Act and Jurisdictional Conferment
Before the Land Use Act, various land tenure systems, including customary and received English law principles, often led to convoluted land ownership structures and protracted disputes. The Act aimed to unify these systems under a single framework, promoting a more orderly and accessible approach to land allocation and management.

Section 39 of the Land Use Act is pivotal in this regard. It explicitly confers original jurisdiction on the High Court of each State concerning various land-related matters, but most notably, in matters relating to declaration of title to land. The relevant part of Section 39(1) typically states:

"The High Court of each State shall have exclusive original jurisdiction in respect of the following proceedings:

(a) Proceedings in respect of any land the subject of a statutory right of occupancy granted by the Governor or deemed to be granted by him under this Act;

(b) Proceedings for the declaration of title to a statutory right of occupancy..."

While the full text encompasses other proceedings like the revocation of rights of occupancy and claims for compensation, the emphasis here is on the "declaration of title." This provision, alongside Sections 41 and 42 which delineate the jurisdiction of Area Courts/Customary Courts and Magistrate Courts respectively (generally for customary rights of occupancy in non-urban areas or recovery of premises), establishes a clear hierarchy for land disputes.

The Essence of "Exclusive Jurisdiction"
The term "exclusive jurisdiction" is critical. It means that no other court within the State's judicial hierarchy, apart from the High Court, has the legal competence to hear and determine a suit where the primary relief sought is the declaration of title to land.

This exclusivity is rooted in several factors:

1. Complexity of Title Disputes: Declaration of title to land often involves intricate legal and factual issues, including tracing historical ownership, interpreting deeds and documents, evaluating survey plans, and applying complex principles of land law. The High Courts, with their inherent jurisdiction, qualified judges, and comprehensive rules of procedure, are deemed best equipped to handle such complexities.

2. Finality and Authority: Granting exclusive jurisdiction to the High Court ensures that decisions on fundamental land ownership claims are made by a superior court of record, providing a higher degree of legal certainty and finality. This helps to prevent conflicting judgments from lower courts on the same subject matter.

3. Centralized Adjudication for Urban Lands: The Land Use Act vests control and management of all land in urban areas in the Governor. Disputes over statutory rights of occupancy (which are primarily granted in urban areas) naturally fall under the High Court's purview, given the Governor's role as trustee.

4. Preventing Forum Shopping: By clearly designating the appropriate forum, exclusive jurisdiction minimizes the practice of "forum shopping," where litigants might seek out courts perceived to be more favorable, regardless of their actual competence.
Judicial Pronouncements and Interpretations
Nigerian courts, particularly the Supreme Court, have consistently upheld and interpreted Section 39 of the Land Use Act. Landmark cases have reaffirmed that once the dominant claim in a suit relates to the declaration of title to land, it is the High Court alone that possesses the requisite jurisdiction.
This judicial consistency underscores the foundational nature of this jurisdictional principle. Any attempt to hear a declaration of title matter in a court other than the State High Court would render the entire proceedings a nullity, regardless of how well conducted, as jurisdiction is the bedrock of any legal action.

■ Challenges and Practical Implications

Despite the clarity of Section 39, certain practical implications and challenges have emerged:

1. Distinguishing Primary Reliefs: Sometimes, a suit may have multiple reliefs, but the court must ascertain the "main" or "principal" claim. If that principal claim is for a declaration of title, then the High Court's exclusive jurisdiction is activated, even if other ancillary claims (like trespass or injunction) could ordinarily be heard by a lower court.

2. The Urban/Non-Urban Divide: Section 41 of the Land Use Act grants Area Courts or Customary Courts jurisdiction over land in non-urban areas concerning customary rights of occupancy. This can sometimes lead to disputes over whether a particular land falls within an "urban area" (High Court jurisdiction) or "non-urban area" (Area/Customary Court jurisdiction), though the Governor's declaration of urban areas is usually definitive. Yet, it is settled that all matter relating to a declaration of title to land goes to the High Court.

3. Access to Justice: The cost and time associated with High Court litigation can be prohibitive for indigent litigants, particularly those in rural areas with customary land disputes. While Section 41 provides a forum for customary land matters, the overarching declaration of title remains exclusively with the High Court. This highlights a tension between jurisdictional clarity and access to justice.

4. Federal High Court's Role: It is crucial to note that the Federal High Court has no jurisdiction over declaration of title to land. Its jurisdiction, as defined by Section 251 of the 1999 Constitution, is specific and does not include land matters, unless a land dispute arises in connection with a matter specifically within its jurisdiction (e.g., a dispute over a federal government property in relation to revenue).

■ Conclusion

Section 39 of the Land Use Act stands as a cornerstone of land law in Nigeria, unequivocally vesting exclusive jurisdiction in the High Courts of the States for matters concerning the declaration of title to land. This deliberate legislative design reflects a commitment to ensuring that complex land ownership disputes are adjudicated by competent superior courts, thereby promoting legal certainty, orderly land administration, and ultimately, the stability of the land tenure system. While practical challenges regarding access to justice persist, the foundational principle of High Court exclusivity in declaration of title matters remains inviolable, making these courts the ultimate arbiters in the intricate tapestry of land rights in Nigeria.