CORAM

muhammed lawal shuaibu -Justice of the Court of Appeal

ebiowei tobi -Justice of the Court of Appeal

mohammed ahmed ramat -Justice of the Court of Appeal

PARTIES

ALIYU IBRAHIM

APPELLANTS 

1. AMINA DAN DILLE

2. ALH. GARBA KAWARI

RESPONDENTS 

AREA(S) OF LAW

CONSTITUTIONAL LAW, ISLAMIC LAW, SHARIA JURISDICTION, PRACTICE AND PROCEDURE, LAND LAW

SUMMARY OF FACTS

The Appellant commenced a civil action at the Higher Sharia Court, Kasuwar Daji, seeking repossession of farmlands allegedly sold to the Respondents by his brother without the consent of their siblings. The trial court granted the Appellant’s claim, which was upheld by the Upper Sharia Court. However, the Sharia Court of Appeal reversed these decisions. The Appellant then appealed to the Court of Appeal, challenging the Sharia Court of Appeal’s jurisdiction to hear matters relating to land disputes.

HELD

ISSUES

1. Whether in view of the provisions of Section 277(1) and (2) of the Constitution, the Sharia Court of Appeal has jurisdiction to entertain matters pertaining to disputes involving title to land?

RATIONES DECIDENDI

JURISDICTION AS FUNDAMENTAL – IMPORTANCE OF JURISDICTION:

“Jurisdiction, as has been severally decided, is the lifeblood of any adjudication. Therefore, whenever the jurisdiction of a court to entertain a matter is challenged, it must be resolved before any other step is taken in the proceeding.” – Per Muhammed Lawal Shuaibu, J.C.A.

JURISDICTION OF SHARIA COURT OF APPEAL – SCOPE OF JURISDICTION:

“The jurisdiction of the Sharia Court of Appeal of a state is restricted and confined to questions of Islamic Personal Law under Sections 277(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).” – Per Muhammed Lawal Shuaibu, J.C.A.

DETERMINING COURT’S JURISDICTION – BASIS FOR DETERMINING JURISDICTION:

“Parties in this case are ad idem as to the fact that the jurisdiction of a court is determined by the claim of the plaintiff rather than the defense of the defendant.” – Per Muhammed Lawal Shuaibu, J.C.A.

ISLAMIC PERSONAL LAW – MATTERS WITHIN SHARIA COURT’S JURISDICTION:

“The jurisdiction of the Sharia Court of Appeal relates only to matters concerning Islamic personal law.” – Per Ebiowei Tobi, J.C.A.

EFFECT OF LACK OF JURISDICTION – CONSEQUENCE OF ACTING WITHOUT JURISDICTION:

“Whereas in the present case, the Sharia Court of Appeal wrongly assumed jurisdiction, its judgment and the whole proceedings amount to a nullity.” – Per Muhammed Lawal Shuaibu, J.C.A.

SHARIA COURT’S JURISDICTION IN LAND MATTERS – LIMITATION ON LAND DISPUTES:

“Even in land matters, if they relate to Islamic Personal Law, Sharia has jurisdiction; but on purely land matters that have no relationship to Islamic Personal Law, the Sharia Court of Appeal has no jurisdiction.” – Per Ebiowei Tobi, J.C.A.

CONSTITUTIONAL PROVISIONS – INTERPRETATION OF SECTION 277:

“The legislature is, by this rule or principle, confined to making such laws that are regarded as coming within the principle of ‘Islamic Personal Law.'” – Per Ebiowei Tobi, J.C.A.

TIMING OF JURISDICTIONAL CHALLENGE – WHEN TO RESOLVE JURISDICTION:

“Whenever the jurisdiction of a court to entertain a matter is challenged, it must be resolved before any other step is taken in the proceeding; otherwise, the entire proceeding conducted without jurisdiction would be a nullity.” – Per Muhammed Lawal Shuaibu, J.C.A.

EJUSDEM GENERIS RULE – APPLICATION TO CONSTITUTIONAL INTERPRETATION:

“The principle underlying the ejusdem generis rule is that when a general word or phrase follows a list of specifics, the general word or phrase will be interpreted to include only items of the same type as those listed.” – Per Ebiowei Tobi, J.C.A.

CONSTITUTIONAL SUPREMACY – EFFECT OF CONFLICT WITH STATE LAW:

“To that extent, Sections 12 and 13 of that law are in conflict with the provisions of Sections 277(1) and (2) of the Constitution of the Federal Republic of Nigeria (as amended); hence those provisions or enactments are null and void by virtue of Section 1(3) of the Constitution.” – Per Ebiowei Tobi, J.C.A.

STATE LAW AND JURISDICTION – LIMITS OF STATE LAW ON JURISDICTION:

“The State House of Assembly cannot enact laws that would confer on the Sharia Court of Appeal the jurisdiction to hear or entertain claims of title or ownership of land.” – Per Ebiowei Tobi, J.C.A.

SCOPE OF ISLAMIC PERSONAL LAW – MATTERS WITHIN ISLAMIC PERSONAL LAW:

“What is meant by ‘Islamic Personal Law’ has been itemized under Section 277(2) of the Constitution, and these are matters regarding marriage, Wakf, gifts, wills or succession, and guardianship, among others. The list does not include claims of ownership as they relate to land or title to land.” – Per Ebiowei Tobi, J.C.A.

ABANDONED GROUNDS OF APPEAL – EFFECT OF FAILING TO ARGUE GROUNDS:

“The statement of the law is that grounds 2, 3, 4, 5, 6, and 7 of the Appellant’s grounds of appeal are deemed abandoned as a result of failure to distill any issue, and the same are hereby struck out.” – Per Muhammed Lawal Shuaibu, J.C.A.

CASES CITED

STATUTES REFERRED TO

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