Court dismisses suit against Lagos-Calabar Coastal Road project

A lawsuit challenging the Lagos-Calabar Coastal Road project has been dismissed by the Federal High Court due to lack of jurisdiction and subsequently transferred to the Lagos State High Court for adjudication.

The case, numbered FHC/L/CS/1488/2024, was filed by Chief Saheed Olukosi (Akogun of Okun-Ajah Community), Noibi Issa Afolayan, Yussuf Odunuga Sulaiman, Olufemi Fasehun, and Adeola Tokunbo.

Representing the Okun-Ajah community and affected property owners in Eti-Osa Local Government Area, the plaintiffs argued that the road project encroached on their land and sought legal redress.

Their legal representatives, A.O. Ajiboye and E.C. Okorie, urged the court to nullify the alleged encroachment, cancel the road’s design and plans affecting their land, and restrain the first, second, third, and ninth defendants from trespassing or diverting the construction. They also sought compensation for trespass.

However, the defendants, which include the Minister of Works, Dr. Dave Umahi, and Hitech Construction Limited, countered the claims. Their legal team — Prof. J.O. Olatoke (SAN), Y.A.H. Ruba (SAN), Roy U. Nwaeze (SAN), and Ibukun Fasoro — filed a preliminary objection, arguing that the Federal High Court lacked jurisdiction over the matter. Their objection was supported by a seven-point affidavit.

In response, the plaintiffs submitted an 11-paragraph counter-affidavit, but the court ultimately ruled in favor of the defendants.

The ruling, delivered on the objections of the defendants, upheld their position that the Federal High Court lacked jurisdiction. However, instead of striking out the case entirely, the judge invoked Section 22(2) of the Federal High Court Act, which allows for case transfers to the appropriate court.

“Coming from the foregoing, the issues in the two NPO of the first to third defendants and that of the ninth defendant are resolved in favour of the objectors against the plaintiffs,”; the ruling stated.

The court affirmed: “The objections of the first to third and ninth defendants/objectors are therefore sustained. This court has no jurisdiction to adjudicate over the subject matter in this case.”;

Consequently, the case has been transferred to the Lagos State High Court for further legal proceedings.

The Lagos-Calabar Coastal Highway, a 700-kilometre infrastructure project under President Bola Tinubu’s administration, has been at the centre of controversy regarding land acquisition, execution and cost transparency.

In November 2024, Minister of Works David Umahi disclosed that the cost per kilometre of the project stands at ₦4 billion, refuting claims by former Vice President Atiku Abubakar that each kilometre would cost ₦8 billion.

Further fuelling public scepticism, reports emerged in March 2025 that journalists were denied access to the construction site of the ₦15 trillion project. Security personnel, allegedly acting on instructions from the project’s contractor, Hitech Construction Company, prevented media representatives from inspecting the progress, raising fresh concerns about transparency, funding and environmental impact.