Suit challenging Lagos-Calabar highway project suffers setback
Justice Akintayo Aluko of the Federal High Court in Lagos, on Thursday struck out a suit challenging the construction of the Lagos-Calabar Coastal Road project.
The suit, filed by some indigenes of Okun-Ajah Community and other concerned property owners in Okun-Ajah, Eti-Osa Local Government Area, Lagos State, was struck out for lack of jurisdiction.
The judge ordered the transfer of the case, marked FHC/L/CS/1488/2024, to the Lagos State High Court, as the appropriate court for hearing.
The plaintiffs in the suit are 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 the Minister of Works and Housing, Dave Umahi; Engineer Olukorede Keisha; the Federal Ministry of Works and Housing; the Attorney-General of Lagos State; the Commissioner for Waterfront Infrastructure Development; the Surveyor-General of Lagos State; the General Manager of Lagos State Physical Planning Permit Authority; the General Manager of Lagos State Building Control Agency; and Hitech Construction Limited.
Through their legal representatives, A.O. Ajiboye and E.C. Okorie, the plaintiffs sought an order to set aside acts of encroachment on their landed properties, a ruling to set aside the designs and plans of the Lagos-Calabar Coastal Road on their land, and an order restraining the first, second, third, and ninth defendants from encroaching on their land.
The plaintiffs also sought damages for the alleged trespassing on their land.
The defendants, in response, filed preliminary objections, urging the court to dismiss the suit for lack of jurisdiction.
The first, second, third, and ninth defendants filed these objections through their legal representatives, including Prof. J.O. Olatoke (SAN), Y.A.H. Ruba (SAN), Roy U. Nwaeze (SAN), and Ibukun Fasoro.
The defendants argued that the court lacked the authority to adjudicate the case, citing several grounds supported by an eight-paragraph affidavit.
In response, the plaintiffs filed a counter-affidavit, which consisted of 11 paragraphs, to oppose the defendants’ objections.
Delivering his ruling on Thursday, Justice Aluko resolved the objection in favour of the defendants, dismissing the plaintiffs’ case for lack of jurisdiction.
Justice Aluko stated: “The objections of the first to third and ninth defendants/objectors are sustained. This court has no jurisdiction to adjudicate over the subject matter in this case. Pursuant to section 22(2) of the Federal High Court Act, this suit is accordingly transferred to the Lagos State High Court as the appropriate court for adjudication.”
