Court Strikes Out Suit Against Lagos-Calabar Coastal Road Project

The Federal High Court in Lagos, presided over by Justice Akintayo Aluko, has struck out a lawsuit challenging the construction of the Lagos-Calabar Coastal road project.

The suit, filed by indigenes of the Okun-Ajah community and concerned property owners in Eti-Osa Local Government Area, was dismissed for lack of jurisdiction.

Justice Aluko, in his ruling delivered on March 24, 2025, transferred the case to the Lagos State High Court, which he deemed the appropriate forum for hearing the dispute.

The plaintiffs in the case, led by Chief Saheed Olukosi (Akogun of Okun-Ajah Community), alongside other residents including Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo, had sought the court’s intervention to halt the construction.

They claimed that the project encroached on their land and sought relief to set aside the designs and plans for the Lagos-Calabar Coastal road that affected their properties.

Their petition also included a demand for an injunction to prevent the project developers from trespassing on their land. Additionally, the plaintiffs requested damages for the alleged encroachment.

In response, the defendants, which included the Minister of Works, Dr. Dave Umahi, Hitech Construction Limited, and several government agencies such as the Lagos State Physical Planning Permit Authority, opposed the suit on grounds of jurisdiction.

They argued through their legal representatives—leading senior advocates such as Prof. J.O. Olatoke (SAN) and Y.A.H. Ruba (SAN)—that the Federal High Court was not the correct venue for the case.

The defendants maintained that the matter should be adjudicated by the Lagos State High Court, as the dispute involved state land and matters under the jurisdiction of the state judiciary.

Justice Aluko, after considering the arguments presented, ruled in favor of the defendants, agreeing that the Federal High Court lacked jurisdiction to hear the matter.

He cited Section 22(2) of the Federal High Court Act, which allows for the transfer of cases to the appropriate state court if the federal court finds it lacks jurisdiction.

“The objections of the first to third and ninth defendants are therefore 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,” Justice Aluko stated in his ruling.