The Customary Court of Appeal in Enugu State has declared the Enugu State Executive Order No. 1 of 2025 ineffective in removing the jurisdiction of Customary Courts over rural land disputes.
The ruling is a setback to the land administration policy of Governor Peter Mbah’s government, which had designated several rural areas as urban areas under the executive order.
The unanimous judgment was delivered by the President of the Customary Court of Appeal, Justice G. C. Nnamani, alongside Justices E. N. Nnamani and R. E. Ogbodo.
The court held that the executive order could not be used to convert manifestly rural communities into urban areas in a manner that would oust the jurisdiction of Customary Courts.
Governor Mbah signed Executive Order No. 1 on January 9, 2025, designating the entire Enugu East Local Government Area as an urban area.
The areas affected included Ugwuogo, Ibagwa Nike, Agu Oja Layout and other communities across several local government areas.
The government’s action had attracted criticism from some rural residents and stakeholders who argued that it could weaken customary land rights and compel landowners to pursue disputes in the High Court.
The case arose from Suit No. CCN/10L/2024 and Motion No. CCA/EN/74M/2025 involving Engr. Ikenna Anselem Obinwanne and the Chairman of the Nike Uno Customary Court, P. N. J. Okenwa, among others.
Obinwanne had sought an order of certiorari to quash proceedings in a land dispute before the Nike Uno Customary Court.
His legal team, led by Louis Onyia, argued that the Customary Court lacked jurisdiction because Agu Oja Layout had been classified as part of an urban area by the executive order.
But the Court of Appeal rejected the argument, holding that the 2025 executive order could not retrospectively affect a case filed on May 3, 2024.
Justice Nnamani cited the Supreme Court decision in Goldmark Nigeria Limited v. Ibafon Company Limited to affirm that a law cannot operate retrospectively to alter existing legal proceedings.
The court also examined the Enugu Capital Territory Development Authority Law No. 5 of 2009, noting that the legislation was primarily intended to establish a development-control authority.
It held that the law did not automatically transform rural communities into urban areas for the purposes of the Land Use Act.
The court further stated that the governor’s power to designate urban areas does not extend to areas that are “manifestly rural” and retain their rural characteristics.
Justice Nnamani noted that urban areas are generally associated with developed infrastructure, dense populations and extensive road networks, among other features.
The judgment specifically observed that Ugwuogo, with its forests, wildernesses, villages and hamlets, could not simply be classified as an urban area through an executive order.
The court consequently declared Executive Order No. 1 of 2025 defective to the extent that it sought to remove the Customary Court’s jurisdiction over lands held under customary rights of occupancy.
The judgment could have wider implications for ongoing land disputes and the administration of customary land rights in Enugu State.
