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JUST IN: Court strikes out suit against Lagos-Calabar Coastal Road

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The Federal High Court in Lagos has declined jurisdiction in a suit challenging the construction of the Lagos-Calabar Coastal Road, striking out the case brought by residents and property owners in the Okun-Ajah community of Eti-Osa Local Government Area, Lagos State.

Justice Akintayo Aluko, in a consolidated ruling on multiple preliminary objections raised by the defendants, held that the court lacked the jurisdiction to entertain the matter.

Consequently, the case, marked FHC/L/CS/1488/2024, was struck out.

However, the Judge directed that the suit be transferred to the Lagos State High Court, which he deemed the appropriate forum to adjudicate on the issues raised.

The Plaintiffs, Chief Saheed Olukosi (Akogun of Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo filed the suit on behalf of Okun-Ajah residents and affected property owners, seeking to halt the coastal road project over alleged encroachment on their lands.

They asked the court to nullify any construction or planning activity on their properties, alleging unlawful encroachment and trespass.

Among the reliefs sought were orders to invalidate the road designs affecting their land, to restrain the authorities and contractor from continuing construction on the disputed area, and to award damages for the alleged trespass.

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

In response, the 1st to 3rd and 9th Defendants filed separate preliminary objections challenging the jurisdiction of the court.

Represented by Senior Advocates of Nigeria, Prof. J.O. Olatoke, SAN; Y.A.H. Ruba, SAN; Roy U. Nwaeze, SAN; and Ibukun Fasoro, they argued that the matter fell outside the purview of the Federal High Court.

The preliminary objections were supported by affidavits, to which the plaintiffs responded with a counter-affidavit.

In his ruling, Justice Aluko upheld the objections, stating that the legal questions raised and the reliefs sought were more appropriately handled by the Lagos State High Court. He ruled in favour of the Defendants, bringing proceedings at the Federal High Court to a close.

“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 out same.

“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 cause 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 1st-3rd and 9th Defendant/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”, Justice Aluko held.

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Miscreants Attack Lekki Palm Estate

Residents have called on relevant authorities to swiftly address the matter and ensure the continued safety of lives and property within the estate.

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Tension gripped Lekki Palm Estate on Thursday morning following an attack by a group of suspected miscreants who claimed they were acting on the directives of the Oba of Lagos, Oba Rilwan Akiolu, and Oba Olumegbo.

Eyewitnesses said that the individuals stormed the estate and invoked the monarchs name while carrying out their actions, a development that immediately caused panic and concern among residents.

As at the time of filing this report, the claim that the group was sent by the Oba’s could not be independently verified.

Efforts to obtain clarification from official palace sources were still ongoing.

The situation attracted the prompt response of security operatives, with officers of the Lagos State Police Command arrested some of the suspects.

Police authorities have since launched investigations to determine the circumstances surrounding the incident and the authenticity of the claims made by those involved.

Residents have called on relevant authorities to swiftly address the matter and ensure the continued safety of lives and property within the estate.

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Rivers Chief Judge : “Why I Can’t set up Fubara ‘s probe panel”

The Rivers State House of Assembly had requested that Amadi set up a seven-member panel to probe Fubara and his deputy, Ngozi Odu, over allegations of gross misconduct.

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The Chief Judge of Rivers State, Justice Simeon Amadi, has declined to set up a judicial panel to investigate Governor Siminalayi Fubara, citing a court order.

The Rivers State House of Assembly had requested that Amadi set up a seven-member panel to probe Fubara and his deputy, Ngozi Odu, over allegations of gross misconduct.

However, in a letter dated January 20, and addressed to the Speaker of the House, Martins Amaewhule, the chief judge cited two court orders barring him from receiving, forwarding, or considering any requests to form such a panel.

The judge stated that the orders were served on his office on January 16, 2026 and remain in force.

The chief judge emphasised that constitutionalism and the rule of law require all authorities to obey subsisting court orders, irrespective of their perception of the orders’ validity.

He referenced legal precedents, noting that in a similar case in 2007, the Chief Judge of Kwara State was condemned for ignoring a restraining court order when setting up an investigative panel, a decision later voided by the Court of Appeal

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Kudirat Abiola’s Murder: Supreme Court Dismisses Lagos State Appeal for Retrial of Al-Mustapha‎‎

‎‎Justice Aba-Aji, delivering the ruling, emphasized that nine years was more than sufficient for Lagos to act.

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• Kudirat Abiola in 1994.

The Supreme Court has dismissed the long-standing attempt by the Lagos State Government to reopen the trial of Major Hamza Al-Mustapha (rtd), former Chief Security Officer to the late Head of State, General Sani Abacha, over the murder of Alhaja Kudirat Abiola.‎‎

Kudirat Abiola, wife of Chief MKO Abiola—the presumed winner of the annulled June 12, 1993 presidential election—was assassinated in Lagos on June 4, 1996, during the nationwide unrest that followed the annulment.‎‎

On Thursday, 22 January 2026, a five-member panel of Justices led by Justice Uwani Aba-Aji ruled that Lagos had abandoned its appeal.

The Court noted that since 2014, when permission was granted to reopen the case, the state had failed to file any process or provide legal representation despite repeated hearing notices.‎‎

Senior Advocate of Nigeria Paul Daudu, representing Al-Mustapha, informed the Court that Lagos had ignored the 30-day ultimatum issued in 2014 to file its notice of appeal.

He urged the Court to dismiss the matter entirely, a position the Justices unanimously upheld.

‎‎Justice Aba-Aji, delivering the ruling, emphasized that nine years was more than sufficient for Lagos to act.

The Court expressed dismay that no steps were taken, describing the state’s conduct as a clear abandonment of the case.‎‎

Accordingly, the matter marked SC/CR/45/2014 was dismissed, along with another related appeal, SC/CR/6/2014, filed by the Lagos State Government.

‎‎In 2014, the Supreme Court had granted Lagos permission to challenge the Court of Appeal’s July 12, 2013 judgment, which discharged and acquitted Al-Mustapha.

The then Acting Chief Justice of Nigeria, Justice Walter Onnoghen, extended the time for Lagos to file its appeal, but the state failed to comply.‎‎

The Lagos Government had sought to overturn the appellate court’s decision and reinstate the January 30, 2012 death sentence handed down by Justice Moji Dada of the Lagos High Court, which convicted Al-Mustapha, Mohammed Abacha, and Lateef Shofolahan of conspiracy and murder.

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