Justice Akintayo Aluko of the Federal High Court in Lagos has struck out a suit against the construction of the Lagos-Calabar Coastal road project.
The suit was filed by some indigenes of the Okun-Ajah community and other concerned property owners at Okun-Ajah in Eti-Osa Local Government Area, Lagos State, who sought that the project be stopped.The plaintiff representing the Okun-Ajah community are Chief Saheed Olukosi (Akogun of Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun and Adeola Tokunbo.
Cited as defendants are the Minister, Dr Dave Umahi; Olukorede Keisha; Federal Ministry of Works & Housing; Attorney-General of Lagos State; Commissioner for Waterfront Infrastructure Development; Surveyor-General of Lagos State; General Manager, Lagos State Physical Planning Permit Authority; General Manager, Lagos State Building Control Agency and Hitech Construction Limited.
In their bid to stop the project, the plaintiffs, through their lawyers, A.O. Ajiboye and E. C. Okorie, sought “An order to set aside acts of encroachment on their landed properties, setting aside designs, plans of Lagos-Calabar Coastal Road on their parcels of land.The plaintiff sought “An order restraining the first to the third and ninth defendants from encroaching, trespassing and diverting the construction of the Lagos — Calabar Coastal Road into their land.”
In addition to their prayers, they also sought damages for acts of trespassing on the land in dispute.However, the defendants urged the court to throw out the suit for lack of jurisdiction.In their separate preliminary objections, the first, second, third and ninth defendants specifically asked the court to dismiss the suit, citing seven grounds for their objections.
But Justice Aluko has ruled that the suit, marked FHC/L/CS/1488/2024, lacked jurisdiction.Delivering judgment on the matter, Justice Aluko ruled that: “Coming from the foregoing, the issues in the two NPO of the first to third defendants and that of the ninth defendant are resolved in favour of the objectors against the plaintiffs.
“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 it out.“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 use 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 first to third and ninth defendants/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,” he held.
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