Nigeria: Court Declines Jurisdiction Over Lagos-Calabar Coastal Road Controversy

4 April 2025

The Federal High Court in Lagos has struck out a lawsuit challenging the Lagos-Calabar Coastal Road project, ruling that it lacks jurisdiction over the matter.

The case filed by indigenes and property owners of Okun-Ajah Community in Eti-Osa Local Government Area has been transferred to the Lagos State High Court for adjudication.

Justice Akintayo Aluko, in his ruling on case number FHC/L/CS/1488/2024, upheld preliminary objections raised by the defendants and ruled that the Federal High Court was not the appropriate venue for the case.

The judge however agreed to transfer the matter rather than dismiss it outright.

The plaintiffs, led by Chief Saheed Olukosi and other community representatives had sought to halt the project, alleging encroachment on their properties.

They requested court orders to set aside the road plans affecting their land and to restrain the defendants from further trespass. They also sought damages for alleged unlawful land occupation.

The defendants, including the Minister of Works, Dave Umahi, the Federal Ministry of Works and Housing, the Lagos State Attorney-General, and Hitech Construction Limited, argued that the case should be struck out for lack of jurisdiction.

Their legal teams, led by Senior Advocates of Nigeria, filed preliminary objections on seven grounds.

In his judgment, Justice Aluko cited Section 22(2) of the Federal High Court Act, which allows for cases to be transferred rather than struck out when filed in the wrong court.

He ruled in favour of the defendants' objections but granted the plaintiffs' request for the case to be heard at the Lagos State High Court instead.

With this decision, the dispute over the Lagos-Calabar Coastal Road project will now proceed in the state court.

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