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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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BREAKING: Senate OKs Electronic & Manual Election Result Transmission

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The Nigerian Senate has passed the Electoral Act 2022 (Repeal and Reenactment) Amendment Bill 2026, retaining provisions that allow for the transmission of election results in a manner prescribed by the Independent National Electoral Commission (INEC), effectively permitting both electronic and manual methods without mandating real-time electronic upload.

In a key decision during the bill’s third reading earlier this month, senators rejected a proposed amendment to Clause 60(3) that would have required presiding officers to transmit polling unit results to INEC’s Result Viewing (IReV) portal in real time via electronic means after results are announced and forms are signed. Instead, the chamber adopted the existing language from the 2022 Electoral Act, which states that the presiding officer shall “transfer the results… in a manner as prescribed by the Commission.”

Senate leadership, including President Godswill Akpabio, has clarified that the decision does not outright reject electronic transmission, as the law already accommodates it at INEC’s discretion. They described reports of a complete ban on electronic methods as misleading, emphasizing that the amendment retains flexibility for the electoral body to use technology where feasible, while allowing manual processes as a fallback.

The move has sparked widespread controversy and public backlash, with critics—including opposition figures like former Vice President Atiku Abubakar, Labour Party’s Peter Obi, civil society organizations, the Nigerian Bar Association, and the Nigerian Society of Engineers—arguing that removing the mandatory real-time electronic requirement weakens transparency, opens the door to manipulation during collation, and represents a setback for electoral integrity ahead of the 2027 general elections.

Protests erupted at the National Assembly complex, with demonstrators demanding the restoration of compulsory real-time e-transmission to curb fraud and build public trust. An emergency plenary session was convened amid mounting pressure, though the core provision on result transmission remained unchanged in the passed version.

The bill, which also includes other changes such as adjustments to election timelines, voter accreditation technology, and penalties for electoral offenses, now awaits harmonization with the House of Representatives’ version—where some reports indicate support for stronger electronic provisions—before heading to the president for assent. The outcome has intensified national debate over the future of credible elections in Nigeria.

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Senate reconvenes today to resolve Electoral Act amendment outrage

The upper chamber had adjourned plenary for two weeks last Wednesday after passing the Electoral Act amendment bill, to enable lawmakers to engage with heads of Ministries, Departments, and Agencies (MDAs) in the defence of their 2026 budget proposals.

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Photo: Senate President , Godswill Akpabio

It is reconvening today for an emergency plenary session amid growing demands for the inclusion of mandatory electronic transmission of results in the amendment to the Electoral Act.

The upper chamber had adjourned plenary for two weeks last Wednesday after passing the Electoral Act amendment bill, to enable lawmakers to engage with heads of Ministries, Departments, and Agencies (MDAs) in the defence of their 2026 budget proposals.

The notice of the emergency sitting was contained in a memo dated 8 February and circulated to senators.

It was signed by the Clerk of the Senate, Emmanuel Odo.

In the memo, Mr Odo said he was acting on the directive of the Senate President, Godswill Akpabio.

The memo did not state the reason for the emergency plenary.

However, there are strong indications that it is connected to the outrage over the Electoral Act amendment bill passed last Wednesday before the adjournment.

Although several provisions of the law were amended, public attention has focused mainly on one controversial clause: the rejection of mandatory electronic transmission of election results from polling units to the Independent National Electoral Commission’s (INEC) Result Viewing Portal (IREV).

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PAACA Thumbs Up Protest over Senate’s Rejection of Electronic Transmission of Election Results

PACCA emphasised that the conversation should go beyond the election transmission of results to cover collation and more in depth involvement of political parties .

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Peter Obi address the protesters in front of the National Assembly

The Executive Director of the Peering Advocacy and Advancement Centre in Africa (PAACA), Ezenwa Nwagwu, has described the protest around the transmission of election results in real-time as a step in the right direction.

Nwagwu made the declaration during an interview with ARISE NEWS on Monday.

“The current agitation that we have seen around the electoral act amendment is positive.

Positive in the sense that we have continued to ask for more and more citizen oversight over governance, over the activities of those who govern us,” he said.

PACCA emphasised that the conversation should go beyond the election transmission of results to cover collation and more in depth involvement of political parties

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