A lawsuit filed by certain Okun-Ajah community members and other local property owners opposing the Lagos-Calabar Coastal road project was dismissed by Justice Akintayo Aluko, a judge in the Federal High Court of Lagos.
Lack of jurisdiction led to the dismissal of the lawsuit, which was filed under the filing number FHC/L/CS/1488/2024.
Justice Akintayo Aluko of the Federal High Court in Lagos has dismissed a suit challenging the construction of the Lagos-Calabar Coastal road project, which was brought forth by certain residents of the Okun-Ajah community alongside other affected property owners. The case, referenced as FHC/L/CS/1488/2024, was thrown out due to jurisdictional issues.
In the wake of this ruling, Justice Aluko redirected the case to the Lagos State High Court, considering it the proper venue for the proceedings. The complainants include Chief Saheed Olukosi (Akogun of the Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo, all representing the interests of the Okun-Ajah community and additional concerned property owners.
Named as defendants in this matter are Dr. Dave Umahi, the Minister of Works and Housing; the Federal Ministry of Works & Housing; the Attorney-General of Lagos State, along with various other public and private stakeholders, including Hitech Construction Limited.
The plaintiffs, with legal representation from A.O. Ajiboye and E.C. Okorie, aimed to halt the project on multiple grounds. They sought a court order to nullify any encroachments on their land and to prohibit the defendants from trespassing on their properties. Furthermore, they pursued compensation for the alleged trespass.
In response, the defendants submitted preliminary objections, asking the court to dismiss the case on the basis of jurisdictional issues. This motion was put forth by a team of lawyers, including Prof. J.O. Olatoke (SAN), Y.A.H. Ruba (SAN), Roy U. Nwaeze (SAN), and Ibukun Fasoro.
Upon examining the presented arguments, Justice Aluko ruled in favor of the defendants, indicating that the preliminary objections were decided against the plaintiffs. Although the plaintiffs’ legal team requested a transfer of the case instead of a dismissal, the judge acquiesced, transferring the matter to the Lagos State High Court in accordance with Section 22(2) of the Federal High Court Act.
The decision represents an important advancement in the ongoing legal battle concerning the Lagos-Calabar Coastal road initiative.
No Comment! Be the first one.