The Federal High Court in Lagos has dismissed a case seeking injunctions against the Federal Government concerning the ongoing Lagos–Calabar Coastal Highway project.
The suit, filed by WinHomes Estate Global Services Limited and Mrs. Ifeoma Okengwu, alleged that the Federal Government had encroached on an 18.838-hectare plot of land in Okun-Ajah.
However, in a Friday ruling, Justice Akintayo Aluko struck out the case, citing a lack of constitutional jurisdiction. The judge upheld separate preliminary objections submitted by the Minister of Works and the Attorney-General of the Federation.
The contractor in charge of the project, Hitech Construction Company Limited, was also a defendant in the suit.
The plaintiffs had commenced the action on October 4, 2024, by Originating Summons, alleging that the realignment of the Lagos–Calabar Coastal Highway encroached on their titled land, resulting in demolition and acts of trespass.
They sought declaratory orders and injunctive relief restraining the Federal Government and its contractors.
The defendants argued that the dispute was essentially a land matter, which falls within the jurisdiction of a State High Court, pursuant to the Land Use Act and Section 251(1) of the Constitution.
But in his ruling, Justice Aluko agreed that the core complaint involved land ownership, use, title, and boundary—issues squarely within the Lagos State High Court’s jurisdiction.
He noted that although the plaintiffs attempted to frame the suit as a challenge to federal government actions, the substance of the claims “remains unmistakably rooted in land title and trespass,” matters not under the exclusive jurisdiction of the Federal High Court.
He described the Federal High Court as a court of “enumerated jurisdiction” which “cannot assume power over matters not expressly donated to it by the Constitution.”
Relying on Supreme Court and Court of Appeal decisions, the judge reiterated that disputes involving statutory rights of occupancy, trespass, or land title are properly handled by state courts.
The court also ruled that the titles “Minister of Works” and “Controller of Works, Lagos” are not juristic persons capable of being sued, rendering that portion of the suit incompetent. Justice Aluko further criticised the use of an originating summons to initiate a case involving “sharply contested and contentious facts,” noting it was an inappropriate procedure.
On the plaintiffs’ request for an interlocutory injunction to halt work on the highway around the disputed land, the court held that, lacking jurisdiction over the main claim, it could not issue any interim or ancillary orders.
“A court without jurisdiction cannot make orders, no matter how compelling the circumstances may appear,” Justice Aluko ruled.
Having upheld both preliminary objections, the court struck out the suit for want of jurisdiction, stating that the proper venue for WinHomes to pursue its complaints is the Lagos State High Court.