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.