ENUGU CUSTOMARY COURT OF APPEAL NULLIFIES GOVERNOR MBAH’S EXECUTIVE ORDER ON RURAL LAND RECLASSIFICATION

ENUGU, NIGERIA — The Customary Court of Appeal of Enugu State has issued a landmark judgment restraining the administration of Governor Peter Mbah from enforcing Executive Order No. 1 of 2025 to claim jurisdiction over rural lands across the state.

​In a judgment delivered by the President of the Customary Court of Appeal, Hon. Justice G. C. Nnamani, alongside Hon. Justices E. N. Nnamani and R. E. Ogbodo, the appellate panel held that the Executive Order cannot retroactively rob Customary Courts of their territorial jurisdiction over land disputes involving customary rights of occupancy.

​The ruling arises from Suit No. CCN/10L/2024 (Motion No: CCA/EN/74M/2025) involving Engr. Ikenna Anselem Obinwanne, where the applicant sought to quash land dispute proceedings at the Nike Uno Customary Court on the grounds that the state government had designated the entire Enugu East Local Government Area as an urban zone.

​Key determinations from the court’s judgment include:

​No Retrospective Operation: The court affirmed that Executive Order 1 of 2025, signed in January 2025, cannot retroactively alter the jurisdiction of suits filed prior to its issuance, citing established Supreme Court precedent on judicial retroactivity.

​Limits of Executive Reclassification: The panel rejected the state's reliance on the Enugu Capital Territory Development Authority Law, clarifying that urban designation powers under the Land Use Act cannot be extended to manifestly rural communities—such as Ugwuogo, Eha-Amufu, and surrounding hamlets—that maintain their traditional character.

​Protection of Customary Rights: The judgment emphasized that reclassifying rural communities by executive decree creates an unfair legal burden for rural dwellers, effectively forcing local landowners into costly High Court litigation and disrupting established judicial equilibrium.

​The ruling serves as a significant legal protection for rural communities and traditional landholders across Enugu East, Nsukka, Udenu, Isi-Uzu, Oji-River, Awgu, and Nkanu West local government areas against aggressive state land acquisition policies.