Court Strikes Out Suit Challenging Lagos-Calabar Coastal Road Project

The Federal High Court in Lagos has struck out a lawsuit challenging the construction of the Lagos-Calabar Coastal Road project. The case was filed by some indigenes of Okun-Ajah Community and other concerned property owners in Eti-Osa Local Government Area, Lagos State.

Justice Akintayo Aluko ruled that the court lacked jurisdiction over the suit, marked FHC/L/CS/1488/2024. Consequently, the judge ordered the case to be transferred to the Lagos State High Court, deeming it the appropriate forum for adjudication.

The plaintiffs, represented by Chief Saheed Olukosi (Akogun of Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo, sought to halt the project. They requested the court to set aside the alleged encroachment on their lands and restrain the defendants from diverting the Lagos-Calabar Coastal Road onto their properties. They also claimed damages for trespassing.

The defendants in the case included the Honourable Minister, Dr. Dave Umahi; Engineer Olukorede Keisha; the Federal Ministry of Works & Housing; the Attorney-General of Lagos State; the Commissioner for Waterfront Infrastructure Development; the Surveyor-General of Lagos State; the General Manager of the Lagos State Physical Planning Permit Authority; the General Manager of the Lagos State Building Control Agency; and Hitech Construction Limited.

In response, the defendants, through their legal representatives—Prof. J.O. Olatoke (SAN), Y.A.H. Ruba (SAN), Roy U. Nwaeze (SAN), and Ibukun Fasoro—filed preliminary objections, arguing that the Federal High Court lacked jurisdiction over the matter. They urged the court to dismiss or strike out the suit.

Justice Aluko upheld their objections, stating:

“The issues raised in the preliminary objections of the 1st–3rd and 9th defendants are resolved in favor of the objectors against the plaintiffs. However, rather than striking out the suit entirely, the court has the power to transfer it to the appropriate court.”

Citing Section 22(2) of the Federal High Court Act, Justice Aluko ruled:

“This court has no jurisdiction to adjudicate over the subject matter of this case. Pursuant to Section 22(2) of the Federal High Court Act, this suit is accordingly transferred to the Lagos State High Court for proper adjudication.”