Justice Akintayo Aluko of the Federal High Court in Lagos, dismissed a lawsuit challenging the construction of the Lagos-Calabar Coastal Road project.
The suit was filed by members of the Okun-Ajah community and other property owners in the area, located within the Eti-Osa Local Government Area of Lagos State.
The plaintiffs, who include Chief Saheed Olukosi (the Akogun of Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo, sought to stop the construction, claiming encroachment on their properties.
They argued that the designs and plans for the coastal road infringed on their land, and they requested damages for the alleged trespassing.
In his ruling on March 24, Justice Aluko determined that the Federal High Court lacked the jurisdiction to hear the case.
He noted that, under Section 22(2) of the Federal High Court Act, the case could be transferred to the Lagos State High Court, which has the appropriate jurisdiction to handle such matters.
“The objections raised by the defendants are sustained.
This court has no jurisdiction to adjudicate over the subject matter in this case,” Justice Aluko stated in his judgment.
“Pursuant to Section 22(2) of the Federal High Court Act, this suit is accordingly transferred to the Lagos State High Court for adjudication,” he continued.
The defendants in the case include key officials such as the Minister of Works, Dr. Dave Umahi, as well as the Federal Ministry of Works and Housing, the Lagos State Attorney-General, and Hitech Construction Limited, among others.
These parties had filed preliminary objections requesting the case be dismissed due to lack of jurisdiction.
In response to the objections, the plaintiffs’ legal team, led by A.O. Ajiboye and E.C. Okorie, had argued that the suit should not be struck out, instead requesting that it be transferred to the appropriate court.
Justice Aluko agreed with this suggestion, noting that the Federal High Court possesses the power to transfer cases to the correct jurisdiction.
The case, originally filed under suit number FHC/L/CS/1488/2024, will now be heard by the Lagos State High Court.
