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Legal Battle Over Coastal Highway: Federal High Court Sends Case to Lagos State

In a recent twist in the saga surrounding the Lagos-Calabar Coastal Highway, the Federal High Court in Lagos, under the careful eye of Justice Akintayo Aluko, decided to dismiss a lawsuit challenging the road's construction. The ruling was delivered on March 24, 2025, and came as a surprise to many who were closely following the case. The lawsuit was dismissed not because the claims were baseless, but because the Federal High Court lacked the jurisdiction to hear the matter. This decision effectively transferred the case to the Lagos State High Court, which Justice Aluko deemed as the more appropriate venue for the dispute.

Who Brought the Lawsuit?

Let's rewind a bit. The lawsuit was initiated by a group of concerned citizens, primarily indigenes from the Okun-Ajah community and property owners from the Eti-Osa Local Government Area. These individuals, led by Chief Saheed Olukosi (Akogun of Okun-Ajah Community), along with other residents such as Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo, felt that the construction of the Lagos-Calabar Coastal Highway was encroaching on their land. They weren’t just sitting back and watching this happen; they sought the court's intervention to put a halt to the construction. They also asked for relief to invalidate the designs and plans for the road that they believed unfairly affected their properties.

What Did They Want?

The plaintiffs didn't stop there. Their petition also included a demand for an injunction to prevent the developers of the project from trespassing on their land. They weren't just asking for a stop to the encroachment; they were also seeking damages for what they claimed was an unjustified intrusion onto their property. Imagine if someone just decided to build a highway through your backyard without asking. That’s exactly what these folks were trying to prevent.

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Who Were the Defendants?

On the other side of the legal fence were the defendants, including the Minister of Works, Dr. Dave Umahi, Hitech Construction Limited, and several government agencies like the Lagos State Physical Planning Permit Authority. These entities, through their legal representatives—leading senior advocates such as Prof. J.O. Olatoke (SAN) and Y.A.H. Ruba (SAN)—argued that the Federal High Court was not the right place for this case. They insisted that the matter should be handled by the Lagos State High Court, since the dispute involved land that falls under state jurisdiction. It’s kind of like saying, “This isn’t a federal issue; it’s a state matter, so it needs to be handled at the state level.”

What Did Justice Aluko Decide?

After thoroughly considering all the arguments presented, Justice Aluko agreed with the defendants. He ruled that the Federal High Court did not have the jurisdiction to hear the case. He cited Section 22(2) of the Federal High Court Act, which provides for the transfer of cases to the appropriate state court if the federal court determines it lacks jurisdiction. In his ruling, Justice Aluko stated, “The objections of the first to third and ninth defendants 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.”