ALHAJI BABA BAKIN SALATI V. ALHAJI TALLE SHEHU (1986)

Background

The respondent commenced Suit No. MAC.9/79 in the Muslim Area Court, Makurdi, seeking revocation of the sale of Plot No. 3, Bank Road, Makurdi, on the ground that the transaction violated Islamic principles. The property was developed land in Makurdi, which had been designated an urban area under the Land Use Designation of Urban Area Order 1978. The Muslim Area Court entered judgment for the respondent. The High Court of Benue State allowed the appellant's appeal and set aside that judgment, but the Court of Appeal, Jos, reversed the High Court and restored the Area Court's decision. The appellant appealed to the Supreme Court and, with leave, raised the issue of jurisdiction for the first time.

Issues

1. Whether the Supreme Court could entertain the jurisdictional issue raised for the first time on appeal.
2. Whether the Muslim Area Court had jurisdiction over a dispute concerning developed land in an urban area and deemed to be held under a statutory right of occupancy.
3. Whether the dispute was governed by Islamic law and the Area Court Edict, rather than the jurisdictional provisions of the Land Use Act 1978.

Ratio Decidendi

A fundamental issue of jurisdiction may be raised at any stage, including for the first time in the Supreme Court, where the point involves a substantial question of law, the material facts are already before the court, and no further evidence is required. Under sections 34(1) and (2) and 39(1)(a) of the Land Use Act 1978, developed land in a designated urban area is deemed to be held under a statutory right of occupancy granted by the Military Governor. The High Court therefore has exclusive original jurisdiction over proceedings relating to that land. Area Courts have jurisdiction only in matters concerning customary rights of occupancy granted by Local Governments. An action seeking relief concerning the sale or specific performance of a contract for the sale of a house is a proceeding relating to land and falls within the Land Use Act. Where a court acts without jurisdiction, its proceedings and judgment are nullities, as are appellate proceedings founded upon them.

Court Findings

Makurdi had been designated an urban area with effect from 24 November 1978 by Benue State Legal Notice No. 6 of 1978. The land was developed land, and section 34(2) of the Land Use Act deemed its holder to possess a statutory right of occupancy. The absence of a tendered certificate of occupancy did not alter that statutory consequence. The court rejected the argument that the action was merely a dispute between Muslims governed by Islamic law. The subject matter was a contract concerning land, and section 39(1)(a) vested exclusive original jurisdiction in the High Court of Benue State. The doctrine of covering the field also meant that the Land Use Act prevailed over inconsistent provisions of the Land Tenure Law and Area Courts legislation. The proceedings and judgments of the Muslim Area Court, the appellate High Court, and the Court of Appeal were consequently null and void.

Conclusion

The appeal was unanimously allowed. The Supreme Court declared null and void the judgment of the Muslim Area Court, Makurdi, in Suit No. MAC.9/79, together with the purported appellate judgments of the High Court of Benue State and the Court of Appeal. Costs of N300 were awarded to the appellant.

Significance

The decision authoritatively distinguishes the jurisdiction of Area Courts from that of State High Courts in land matters under the Land Use Act. It confirms that the legal character and location of the land, rather than the parties' religion or the form of the relief claimed, determine jurisdiction. It also illustrates the consequence of a jurisdictional defect: proceedings conducted without jurisdiction are void from inception and cannot support appellate decisions.