Court Strikes Out Suit Filed By Indigenes Of Okun-Ajah Community
The Federal High Court sitting in Lagos has struck out a suit against the construction of the Lagos-Calabar Costal Road project, filed by some indigenes and other concerned property owners of Okun-Ajah Community in Eti-Osa Local Government Area of the state.
Justice Akintayo Aluko ruled that the court lacked jurisdiction and promptly transferred the 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 in the community.
The defendants/objectors 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, the plaintiffs had asked the court to stop the project on several grounds.
They sought 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.”
The plaintiffs also made claims for damages for acts of trespassing on the land in dispute.
But the defendants/objectors asked the court to strike out the suit for lack of jurisdiction.
Specifically, the first, second, third, and ninth defendants/objectors, in their separate preliminary objections filed through their lawyers, asked the court to strike out or dismiss the suit for want of jurisdiction.
The defendants/objectors premised their preliminary objections on seven grounds, supported by eight eight-paragraph affidavits.
Based on the defendants/objectors’ preliminary objections, the plaintiffs filed a counter affidavit of 11 paragraphs.
Delivering his ruling on the arguments canvassed by parties, Justice Aluko held that: “… coming from the foregoing, the issues in the two NPOs of the 1st – 3rd defendants and that of the 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 the 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 case 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 Defendants/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.” Justice Aluko held.
