AN APPRAISAL OF THE JURISDICTION OF CUSTOMARY COURT OF ABIA STATE ON LAND MATTERS

Abstract

Jurisdiction is the authority vested in a court to act within the powers granted on the court by the statutes establishing the court. Customary Courts in Nigeria and precisely in Abia State in recent times, have being one of the constituted organs of administration of justice, taken center place in dispute resolution. Customary courts in Abia State of Nigeria have unlimited jurisdiction over land matters subject to the limitation imposed by the Land Use Act, 1978.This paper seeks to do an appraisal of this jurisdiction the customary courts have on land matters emphasis on Abia State. It examines the jurisdiction of Customary Courts of Abia State on land causes and matters, and determines whether the provisions of the laws affecting land are adequate for effective, efficient and satisfying dispensation of justice in land causes and matters particularly in Customary Courts in Abia State. Through this research, it was revealed that Abia State being an agrarian society, land causes and matter, including those connected with inheritance and succession supposedly litigated in the Customary Courts are now taken to the High Courts for litigation because most of the state lands are designated as urban area by the State Governor. This has affected the jurisdiction of Customary Courts on land matters in the State with attendant consequence of so many cases pending before the State High Courts. This article recommends urgent amendment of section 41 Land Use Act to the effect that Area and Customary Courts in Nigeria shall have exclusive jurisdiction over all lands the subject of customary rights of occupancy granted by the Local Government Councils whether or not the land is urban area.