Justice Akintayo Aluko of the Federal High Court in Lagos has ruled that the suit against the construction of the Lagos-Calabar Coastal Road lacks jurisdiction and has transferred the case to the Lagos State High Court for proper adjudication.
The case, marked FHC/L/CS/1488/2024, was filed by Chief Saheed Olukosi (Akogun of Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo, representing the Okun-Ajah community and other affected property owners in Eti-Osa Local Government Area, Lagos State.
The defendants/objectors are the Minister, Dr. Dave Umahi; Olukorede Keisha; Federal Ministry of Works & Housing; Attorney-General of Lagos State; Commissioner for Waterfront Infrastructure Development; Surveyor-General of Lagos State; General Manager, Lagos State Physical Planning Permit Authority; General Manager, Lagos State Building Control Agency and Hitech Construction Limited.
The plaintiffs, represented by lawyers, A.O. Ajiboye and E. C. Okorie, had asked the court to stop the project on several grounds.
They sought the following reliefs: “An order to set aside acts of encroachment on their landed properties, setting aside designs, plans of Lagos-Calabar Coastal Road on their parcels of land.
“An order restraining the first to the third and ninth defendants from encroaching, trespassing and diverting the construction of the Lagos – Calabar Coastal Road into their land.”
The plaintiffs also made claims for damages for acts of trespassing on the land in dispute.
But the defendants/objectors urged the court to strike out the suit for lack of jurisdiction.
Specifically, the first, second, third and ninth defendants/objectors in their separate preliminary objections filed through their lawyers Prof. J.O. Olatoke, (SAN), Y.A.H. Ruba (SAN), Roy U. Nwaeze (SAN) and Ibukun Fasoro, asked the court to strike out or dismiss the suit for want of jurisdiction.
The defendants/objectors premised their preliminary objections on seven grounds, supported by a paragraph’s affidavit.
Following the defendants/objectors’ preliminary objections, the plaintiffs filed a counter affidavit of 11 paragraphs.
Delivering a ruling on the arguments submitted by parties, Justice Aluko held that: “Coming from the foregoing, the issues in the two NPO of the first to third defendants and that of the ninth defendant are resolved in favour of the objectors against the plaintiffs,
“Counsel to the plaintiffs made an alternative submission in his written address urging the court not to strike out this suit if the court finds that it lacks jurisdiction to adjudicate over the case.
“Counsel urged the court to transfer this suit to the State High Court instead of striking it out.
“I agree with Counsel on this request as this court possesses the needed power and jurisdiction to accede to such prayer.
“This court is fortified under Section 22(2) of the Federal High Court Act which provides thus: ‘No cause or matter shall be struck out by the court merely on the ground that such cause or matter was taken in the court instead of the High Court of a State or of the Federal Capital Territory, Abuja in which it ought to have been brought, and the Judge of the court before whom such cause or matter is brought may cause such use or matter to be transferred to the appropriate High Court of a State or at the Federal Capital Territory, Abuja in accordance with Rules of Court to be made under section 44 of this Act.”
“The Objections of the first to third and ninth defendants/objectors 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,” he held.
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