Court throws out suit against Lagos-Calabar coastal road project

Justice Akintayo Aluko of the Federal High Court in Lagos has struck out a suit against the construction of the Lagos-Calabar Coastal road project, filed by some indigenes of the Okun-Ajah community and other concerned property owners in the area. The lawsuit, marked FHC/L/CS/1488/2024, was dismissed on the grounds of lack of jurisdiction.

Following the ruling, Justice Aluko transferred the case to the Lagos State High Court, deeming it the appropriate forum to hear the matter. The plaintiffs in the suit include Chief Saheed Olukosi (Akogun of Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo, all representing the Okun-Ajah Community and other concerned property owners.

The defendants in the case include Dr. Dave Umahi, the Minister of Works and Housing, the Federal Ministry of Works & Housing, the Attorney-General of Lagos State, and several other government and private entities, including Hitech Construction Limited.

The plaintiffs, represented by their lawyers A.O. Ajiboye and E.C. Okorie, sought to stop the project on various grounds. They requested an order to set aside acts of encroachment on their land, as well as an order to restrain the defendants from trespassing on their properties. Additionally, they sought damages for the alleged acts of trespassing.

However, the defendants filed preliminary objections, urging the court to strike out the suit due to lack of jurisdiction. The objections were filed by lawyers including Prof. J.O. Olatoke (SAN), Y.A.H. Ruba (SAN), Roy U. Nwaeze (SAN), and Ibukun Fasoro.

After reviewing the arguments, Justice Aluko ruled in favor of the defendants, stating that the issues in the preliminary objections were resolved against the plaintiffs. While the plaintiffs’ counsel had requested that the case be transferred rather than dismissed, the judge agreed and transferred the case to the Lagos State High Court, referencing Section 22(2) of the Federal High Court Act.

The ruling marks a significant development in the ongoing legal dispute surrounding the Lagos-Calabar Coastal road project.