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JUST IN: Court strikes out suit against Lagos-Calabar Coastal Road
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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Malami: FHC adjourns bail ruling January 7
Their counsel, Joseph Daudu (SAN), argued that the EFCC had previously admitted them to administrative bail and should not oppose judicial bail.
• Former Attorney‑General of the Federation, Abubakar Malami in court .
The Federal High Court in Abuja has ordered that former Attorney‑General of the Federation, Abubakar Malami, his son Abdulaziz Malami, and his wife Asabe Bashir remain in prison until January 7, when their bail applications will be decided.
Justice Emeka Nwite issued the order after hearing arguments for and against bail in the ongoing trial.
The trio face a 16‑count charge brought by the Economic and Financial Crimes Commission, alleging concealment of illicit funds worth ₦1.014 billion and unlawful acquisition of assets valued at several billions of naira.
Malami and his co‑defendants pleaded not guilty.
Their counsel, Joseph Daudu (SAN), argued that the EFCC had previously admitted them to administrative bail and should not oppose judicial bail.
EFCC’s counsel, Ekele Iheanacho (SAN), countered, insisting the application lacked merit.
Justice Nwite explained that as a vacation judge with multiple rulings pending, he would deliver his decision on January 7.
In the meantime, Malami and his son remain at Kuje Correctional Centre, while Asabe Bashir is held at Suleja Correctional Centre.
SOT ADEDAYO ADEDEJI (SAN), Member of Malami’s Legal Team
News
NJC Disowns Viral Report on Alleged “Integrity Test” Failure by 34 Judicial Nominees
In a statement signed by Ahmed Gambo Saleh, Esq.Secretary, National Judicial Council, the Council states categorically that the report is inaccurate and unauthorized, and therefore does not reflect the true position of events as they transpired at the level of the Federal Judicial Service Commission (FJSC).
• Nigerian lawyers
The National Judicial Council (NJC) has disowned a news report currently circulating on social and conventional media which alleged that 34 lawyers failed an integrity test and were consequently dropped from consideration for appointment as Judges of the Federal High Court of Nigeria.
In a statement signed by Ahmed Gambo Saleh, Esq.Secretary, National Judicial Council, the Council states categorically that the report is inaccurate and unauthorized, and therefore does not reflect the true position of events as they transpired at the level of the Federal Judicial Service Commission (FJSC).
For the avoidance of doubt, the processes referenced in the report were conducted entirely at the FJSC level, and no decision or action has yet been taken by the National Judicial Council in respect of the candidates concerned.
The Council further clarifies that while a few candidates were indeed discontinued from the process at the FJSC level based on adverse findings arising from petitions received by the Commission, a number of others did not progress further simply because they failed to meet the required qualifying score to advance to the interview stage before the NJC.
Contrary to the impression conveyed by the media reports, the Council emphasizes that there is no stand-alone or newly introduced “integrity test” whose failure automatically disqualified candidates en masse, as widely suggested.
The judicial appointment process remains structured, merit-driven, and multi-layered, encompassing written examinations, performance benchmarks, background verification, petition review where applicable, and interviews conducted strictly in accordance with established guidelines.
The Council notes with concern that the publication of inaccurate and speculative details has the potential to mislead the public and unjustly impugn the reputation of candidates who participated in the selection process in good faith.
In view of the foregoing, the NJC has commenced internal investigations to ascertain the source of the unauthorized press statement and will take appropriate steps to protect the integrity and credibility of its processes.
The Council reassures Nigerians that it remains firmly committed to transparency, fairness, due process, and the highest standards of judicial integrity, and urges media practitioners to always seek clarification through authorized channels before publishing reports on sensitive institutional matters.
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New Year Forgiveness: Akpabio Withdraws Defamation Suits Against Natasha Akpoti-Uduaghan and Others
Akpabio gave the directive touched by a sermon given by Father Donatus, Udoette, the Parish Priest, Sacred Heart Parish , Uyo, during the New Year Mass.
The President of the Senate, Senator Godswill Akpabio, has directed his lawyers to withdraw all ongoing defamation lawsuits against Senator Natasha Akpoti-Uduaghan, who alleged sexual harassment, and several individuals.
Akpabio gave the directive touched by a sermon given by Father Donatus, Udoette, the Parish Priest, Sacred Heart Parish , Uyo, during the New Year Mass.
Akpabio said ,“I had almost nine cases in court against some individuals who defamed me, who lied against me, who slandered my name.
“But I listened to the priest and suddenly realised he was talking to me, so I hereby direct my solicitors to withdraw all lawsuits against them.”
In his homily the Priest said that the greatest thing that man needs is peace and admonished parishioners to live in peace with one another.
“You have to let go of the past, no matter what it was. All of us carry some luggage of pain and hurt. You have to let go if you want to move on,” he said.
With the Thursday’s announcement, Akpabio has formally ended all pending legal disputes arising from defamation claims, signalling closure to the publicised litigations as the year begun.
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Video Credit: ARISE NEWS TV
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