Nelson Utip
The Federal High Court, sitting in Lagos, has dismissed the suit filed against the construction of the Lagos-Calabar Costal Road project, by some indigenes of Okun-Ajah Community and other concerned property owners at Okun-Ajah in Eti-Osa Local Government Area, Lagos State, for lack of jurisdiction.
The presiding judge, Justice Akintayo Aluko, struck out the suit, marked FHC/L/CS/1488/2024, for lack of jurisdiction, while delivering a composite ruling on the notice of preliminary objections filed by some Defendant/Objectors to the suit.
He however, transferred the main suit to the Lagos State High Court, as the appropriate court to hear the case.
The Plaintiffs in the suit are Chief Saheed Olukosi (Akogun of Okun-Ajah Community); Noibi Issa Afolayan; Yussuf Odunuga Sulaiman; Olufemi Fasehun and Adeola Tokunbo, all representing Okun-Ajah Community and other Concerned Property Owners at Okun-Ajah Community.
The Defendants in the case are the Honourable Minister, Dr Dave Umahi; Engineer 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.
Through their Lawyers, A.O. Ajiboye, and E. C. Okorie the plaintiffs had asked the court to stop the project on several grounds. Seeking the following reliefs:
“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.
“An order restraining the 1st-3rd and 9th Defendants from encroaching, trespassing and diverting the construction of the Lagos – Calabar Coastal Road into their land.”
They also made claims for damages, for acts of trespassing on their land.
The Defendant prayed the court to strike out the suit for lack of jurisdiction. Specifically, the 1st, 2nd, 3rd and 9th Defendant/Objectors in their separate preliminary objections filed through their Lawyers who are Prof J.O. Olatoke, SAN; Y.A.H. Ruba, SAN; Roy U. Nwaeze, SAN and Ibukun Fasoro, asked the court to dismiss the suit for want of jurisdiction, basing their premise on their preliminary objections on seven grounds wiyh an eight paragraphed affidavit.
In his ruling on the arguments canvassed by both parties, Justice Aluko held that:
“… coming from the foregoing, the issues in the two NPOs of the 1st – 3rd Defendants and that of 9th 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 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.”
