SANUSI SOKOTO V. HUSSAINI SAHABI
(2015)LCN/8010(CA)
In The Court of Appeal of Nigeria
On Tuesday, the 3rd day of November, 2015
CA/S/38S/2015
RATIO
COURT: JURISDICTION; THE JURISDICTION OF THE SHARIA COURT OF APPEAL
Clearly the matter on appeal from the Upper Sharia Court Kebbi State to the Sharia Court of Appeal Kebbi State is on a land matter. There are many judicial authorities of this court as well as the Apex Court to the effect that the lower court lacks jurisdiction to entertain such appeals.
The provision of Section 277 of the 1999 Constitution from which the lower court derives its jurisdiction does not extend its jurisdiction to appeal on land matters. Section 277 of the Constitution reads thus 277(1). The Sharia Court of Appeal of the State shall, in addition to such jurisdiction as may be conferred upon it by the law of the State, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law which the court is competent to decide in accordance with provisions of subsection (2) of this Section.
This Section has been interpreted by this court in several cases. See (1). BOYI V. HASSAN (2001) 18 NWLR (PT, 744) 41 at 48 (2). MAISHANU v. MANU (2001) NWLR (PT. 1032) 42 (3). NOMA v. MANI MAMMAMN & ANOR in appeal No CA/S/152S/2013 decided on 27/11/2014. (4). FARANSI v. NOMA (2007) 10 NWLR (PT. 1041), among many others. per. TUNDE OYEBANJI AWOTOYE, J.C.A.
JUSTICES
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
MUHAMMED L. SHUAIBU Justice of The Court of Appeal of Nigeria
Between
SANUSI SOKOTO Appellant(s)
AND
HUSSAINI SAHABI Respondent(s)
TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment): This is the judgment in respect of the appeal lodged against the judgment of Sharia Court of Appeal Kebbi State in SCA/KBS/08/2010 in SANUSI SOKOTO v. HUSSAINI SHARI delivered on 3/4/2013. The plaintiff instituted an action against the defendants at the Upper Sharia Court III Birnin Kebbi. His claim was as follows:-
I, Husaini Sahabi issuing Sanusi Sokoto and Yartama Nassarawa. Because some staff of kebbi Urban Development Authority (KUDA) made a scheming for me which was not proper and they said since it is not proper for a road has in my plot which I gave them. But now I saw Sanusi Sokoto and Yartama and they claimed that the plots belong to them.
Based on this I sued them so that they tell who gave them my plot and the court will recover my plot for me.?
The court of the first instance after hearing the parties gave judgment in favour of the plaintiff which led to a further appeal to the Sharia Court of Appeal. The lower Court after hearing the parties gave judgment affirming the decision of the Upper Sharia Court 111 Birnin Kebbi and disallowing the appeal. Aggrieved by the decision
of the lower Court, the appellant on 8/4/2014 filed a notice of appeal containing two grounds of appeal to wit:-
(1). That the lower Court erred in law when they assumed jurisdiction on the case they have no jurisdiction.
(2). The whole judgment of the lower Court is against the weight of evidence.?
The record of appeal was transmitted to this Court on 5/6/2015. Subsequently the appellant though his counsel L. Olasehinde Karim filed appellants brief of argument on 11/6/2015.
The appellant?s counsel formulated one sole issue for determination thus
?Whether the Sharia Court of Appeal of Kebbi State had jurisdiction to hear the appellant?s case involving a dispute over land.?
The Respondent?s brief of argument was filed on 26/8/2015. The brief was settled by Hussaini Zakariya, his counsel.
The Respondent?s counsel in his brief conceded that the lower court lacked jurisdiction to hear the appeal, and urged the court to set aside the judgment of the lower court.
?The appellant?s counsel in his brief submitted that the claim of the plaintiff before the Upper Sharia Court Birnin Kebbi was clearly in respect of a land
matter and that the lower court lacked jurisdiction to entertain an appeal on a land matter. He referred to Section 277 of the 1999 Constitution and the following cases:-
(1) MAGAJI v. MUNTARI (2000) 8 NWLR (PT. 670) 722 at 727
(2) BUBA v. MUSA (2007) 7 NWLR (PT. 1032) 27 at 31.
(3) BOYI v. HASSAN (2001) 18 NWLR (PT. 744) 4 at 43.
He finally urged the court to allow the appeal and transfer the appeal to the Appellate Division of the High Court of Kebbi State for determination.
I have carefully considered the submission of the learned counsel on both sides as well as the contents of the record of appeal.
?Clearly the matter on appeal from the Upper Sharia Court Kebbi State to the Sharia Court of Appeal Kebbi State is on a land matter. There are many judicial authorities of this court as well as the Apex Court to the effect that the lower court lacks jurisdiction to entertain such appeals.
The provision of Section 277 of the 1999 Constitution from which the lower court derives its jurisdiction does not extend its jurisdiction to appeal on land matters.
Section 277 of the Constitution reads thus
277(1). The Sharia Court of Appeal of the State shall, in
addition to such jurisdiction as may be conferred upon it by the law of the State, exercise such appellate and supervisory jurisdiction in civil proceedings involving questions of Islamic personal law which the court is competent to decide in accordance with provisions of subsection (2) of this Section.
This Section has been interpreted by this court in several cases. See
(1). BOYI V. HASSAN (2001) 18 NWLR (PT, 744) 41 at 48
(2). MAISHANU v. MANU (2001) NWLR (PT. 1032) 42
(3). NOMA v. MANI MAMMAMN & ANOR in appeal No CA/S/152S/2013 decided on 27/11/2014.
(4). FARANSI v. NOMA (2007) 10 NWLR (PT. 1041), among many others.
Inspite of the several decisions of this court and Apex Court to the effect that the Sharia Court of Appeal lacks jurisdiction over appeal in respect of land disputes, the Sharia Court of Appeal Kebbi State has persisted in illegally entertaining such appeals. This is wrong and must stop!
I resolve the sole issue in this appeal in favour of the appellant. I set aside the judgment and proceedings of the lower court in SCA/KBS/BK/2010 and remit the appeal from the Upper Sharia Court in Case No. CV/TI/TR/10/2012 to the High Court Kebbi State (Appeal
Division) for determination.
A copy of this judgment is to be served on the Hon. Grand Khadi of Kebbi State Sharia Court of Appeal and Hon. Attorney General of Kebbi State for their information and compliance.
?PAUL ADAMU GALINJE, J.C.A.: I entirely agree.
MUHAMMED L. SHUAIBU, J.C.A.: I agree.
Appearances
L. Olaseinde Karim Esq. For Appellant
Hussani Zakariya Esq. For Respondent
Appearances
L. Olaseinde Karim Esq.For Appellant
AND
Hussani Zakariya Esq.For Respondent
