- Safiu Kehinde
The Federal High Court sitting in Lagos has dismissed lawsuit challenging the construction of the Lagos-Calabar Costal Road project.
Some indigenes and other concerned property owners of Okun-Ajah Community in Eti-Osa Local Government Area of the state had filed the suit with claims of damages and for acts of trespassing on the land in dispute.
The defendants had, at the hearing on Thursday, asked the court to strike out the suit for lack of jurisdiction.
According to report, the first, second, third, and ninth defendants/objectors, in their separate preliminary objections filed through their lawyers, specifically asked the court to strike out the suit for want of jurisdiction.
The defendants based their preliminary objections on seven grounds, supported by eight eight-paragraph affidavits.
In his verdict, the presiding judge, Justice Akintayo Aluko, ruled that the court lacked jurisdiction.
The judge transferred the suit to the Lagos State High Court as the appropriate court to hear the case.
“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.