Justice Akintayo Aluko of the Federal High Court of Lagos filed a lawsuit against the construction of the Lagos-Calabal coastal highway project submitted by some indigenous communities in the Okun-Ajah community and other relevant property owners in the area. The lawsuit is marked FHC/L/CS/1488/2024 and was dismissed on the grounds of lack of jurisdiction.
After the ruling, Justice Aruko handed the case over to the Lagos State High Court, deeming it an appropriate forum to hear the matter. Plaintiffs in the lawsuit include Saheed Olukosi (Akogun of the Okun-Ajah community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun and Adeola Tokunbo, all representing the Okun-Ahjah community and other relevant real estate owners.
The defendants in the case include Dr. Dave Umahi, Minister of Engineering and Housing, the Federal Ministry of Work and Housing, the Lagos State Attorney, and several other government and private entities, including Hitech Construction Limited.
The plaintiff, represented by his attorneys Ao Ajiboye and EC Okorie, attempted to stop the project for various reasons. They demanded orders to revoke the embezzlement of land and orders to limit the defendant’s invasion into his property. Furthermore, they seek damages for the alleged intrusion.
However, the defendant raised a preliminary objection, urging the court to file a lawsuit due to lack of jurisdiction. These objections were raised by lawyers including Professor Jo Olatoke (San), Yah Ruba (San), Roy U. Nwaeze (San) and Ibukun Fasoro.
After reviewing the argument, Justice Aruco ruled that the defendant was favored by the defendant and pointed out that the issue of preliminary objections was directed to the plaintiff. Although the plaintiff’s attorney requested the transfer of the case rather than being dismissed, the judge agreed and transferred the case to the Lagos State High Court, referring to Section 22(2) of the Federal High Court Act.
The ruling marks a significant development in the ongoing legal dispute surrounding the Lagos-Calabal Coastal Highway Project.
