The Federal High Court in Lagos has dismissed a suit seeking injunctions against the Federal Government over the Lagos–Calabar Coastal Highway project.
The case, filed by WinHomes Estate Global Services Limited and Mrs. Ifeoma Okengwu, alleged that the government had encroached on an 18.838-hectare parcel of land in Okun-Ajah.
The plaintiffs claimed that the highway’s realignment led to demolition and acts of trespass on their titled property and sought declaratory and injunctive relief against the Federal Government and its contractors.
However, in a ruling delivered on Friday, Justice Akintayo Aluko struck out the suit for lack of constitutional jurisdiction.
The judge upheld separate preliminary objections filed by the Minister of Works, the Attorney-General of the Federation, and Hitech Construction Company Limited, the contractor handling the highway project.
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Justice Aluko noted that while the plaintiffs attempted to frame the case as a challenge to federal government actions, the dispute “remains unmistakably rooted in land title and trespass,” which falls under the jurisdiction of the Lagos State High Court.
He emphasised that the Federal High Court, as a court of “enumerated jurisdiction,” “cannot assume power over matters not expressly donated to it by the Constitution.”
The judge further highlighted that issues regarding land ownership, use, title, and boundaries are properly handled by state courts, citing relevant Supreme Court and Court of Appeal decisions.
He also ruled that the titles “Minister of Works” and “Controller of Works, Lagos” are not juristic persons capable of being sued, rendering that aspect of the case incompetent.
Regarding the plaintiffs’ request for an interlocutory injunction to halt work on the disputed section of the highway, Justice Aluko stated: “A court without jurisdiction cannot make orders, no matter how compelling the circumstances may appear.”
With both preliminary objections upheld, the court struck out the suit, ruling that the appropriate venue for WinHomes to pursue its claims is the Lagos State High Court.
