Court Dismisses Case Challenging Lagos – Calabar Coastal Road Project

In a significant development for the Lagos-Calabar Coastal Highway project, the Federal High Court in Lagos has struck out a lawsuit filed by property owners from Okun-Ajah community in Eti-Osa Local Government Area who sought to halt construction.

Justice Akintayo Aluko, who presided over the case on March 24, ruled that the Federal High Court lacked proper jurisdiction over the matter. Rather than dismissing the case outright, Justice Aluko transferred it to the Lagos State High Court, which he deemed the appropriate venue for adjudication.

The lawsuit, filed under case number FHC/L/CS/1488/2024, was brought by Chief Saheed Olukosi (who holds the title of Akogun of Okun-Ajah Community) alongside fellow community members Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun and Adeola Tokunbo. The plaintiffs sought court intervention to prevent what they described as encroachment on their lands and properties.
The plaintiffs had specifically requested an order to set aside acts of encroachment on their landed properties and an order restraining the defendants from encroaching, trespassing and diverting the construction of the Lagos-Calabar Coastal Road into their land.” They also demanded damages for alleged trespassing.

Named as defendants in the suit were the Minister of Works Dr. Dave Umahi, Olukorede Keisha, Federal Ministry of Works & Housing, Attorney-General of Lagos State, Commissioner for Waterfront Infrastructure Development, and several Lagos State agencies including the Surveyor-General, Physical Planning Permit Authority, and Building Control Agency. Hitech Construction Limited, the project contractor, was also named as a defendant.

The defendants, through their legal representatives including Senior Advocates Prof. J.O. Olatoke, Y.A.H. Ruba, Roy U. Nwaeze, and lawyer Ibukun Fasoro, challenged the court’s jurisdiction with preliminary objections based on seven distinct grounds.

In his ruling, Justice Aluko cited Section 22(2) of the Federal High Court Act, which states: “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… 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.

The Lagos-Calabar Coastal Highway, a flagship federal infrastructure project, has faced various legal challenges since its inception. This latest court decision removes one hurdle, though the project’s fate now rests with the Lagos State judiciary.

The legal proceedings continue to develop as affected communities raise concerns about land rights and compensation, while the federal government maintains the project’s national significance for transportation infrastructure and economic development.