Alleged demolition along Lagos-Calabar road: Court declines to Issue Order over lack of proof

Justice Akintayo Aluko of the Federal High Court, Ikoyi, Lagos has asked all parties in a multimillion dollar suit surrounding the Lagos-Calabar Coastal Road project, to preserve the subject matter of the action.
This was revealed on Thursday when the case instituted by a group of foreign investors against the Federal Government came up for the first time.

The plaintiffs in the case are members of Foreign Investors Network of Nigeria, who are owners of an 18.8-hectare estate at Okun-Ajah, Eti-Osa Local Government Area of Lagos State, and said to be at risk of being demolished by the Federal Government and its contractors.

They also allege that the four defendants – who are the Attorney General of the Federation; the Minister of Works; the Controller of Works, Lagos and Hi-Tech Construction Company Ltd. – failed to follow due process in the realignment of the coastal road, which they say has cut through its developed residential estate.

On Thursday, all parties were duly represented before the Presiding Justice, Akintayo Aluko. The court confirmed from its records that only the second and fourth defendants have received the originating processes on the matter.

The plaintiff’s counsel, Valerian Nwadike, then requested for another hearing date to ensure all parties are served with the court processes.

He went on to allege that the defendants have started demolishing portions of the estate, seeking the protection of the court from further actions.

Responding, counsel for the fourth defendant, Melchisedek Anslem denied the allegations, saying the subject matter of the suit is intact, and that there was nothing presented by the plaintiffs to back up their claims.

The counsel for the first to third defendants, S.A. Usman, also gave a similar response.

In his remarks, the judge said the court has a duty to protect the res, or property, which is the subject matter of the suit, but added that it will not make any order yet as there was no proof that the property was being demolished.

The plaintiffs are seeking among other reliefs, a declaration that the actions of the Defendants in “marking for destruction and demolition the Plaintiff’s property without any legal basis are illegal.

They also seek an injunction restraining the defendants from further acts that interfere with the estate, and an order awarding $250m in damages.

Further hearing is fixed for the 27th of November, by then all the defendants are expected to have been served the originating summons and their responses duly filed in court.