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Cabinet officials

Lagos-Calabar Coastal Highway Demolition: Property Owners Battle Government in Court

Strategic Insights

— 2 min read

A legal showdown is brewing in Ikoyi, Lagos, over the proposed Lagos-Calabar Coastal Highway, which has reportedly put an 18.8-hectare residential estate in the Eti-Osa Local Government Area in its path. The Foreign Investors Network of Nigeria, claiming ownership of the property, has filed a suit against the Federal Government, its contractors, and other stakeholders to prevent demolition and allegedly ensure the protection of their constitutional rights. The lawsuit follows allegations of gross violations of the plaintiffs' rights, lack of due process, and the absence of statutory notices or opportunities for the landowners to be heard before the proposed road realignment.

Key Takeaways:

  • The Foreign Investors Network of Nigeria filed a suit (FHC/L/CS/1063/25) against the Federal Government and its contractors over the proposed demolition of an 18.8-hectare estate in Okun-Ajah, Eti-Osa Local Government Area.
  • The plaintiffs claim ownership of the property through a valid Certificate of Occupancy, a Governor's consent, and a survey plan (Plan No: BOM/3538/001B/2024/LA/TOPO).
  • The case revolves around allegations of gross violations of the plaintiffs' rights, lack of due process, and the absence of statutory notices or opportunities for the landowners to be heard before the proposed road realignment.
  • The landowners are seeking nine reliefs, including a declaration that the actions of the Defendants are illegal, null and void, and damages of ?900 million for the 'unlawful marking, threat of demolition, and interference with its property.'
  • The court was told that the attempted demolition of the Plaintiff's estate without a lawful acquisition process, valid gazette, or compensation amounts to executive lawlessness.
  • The lawsuit argues that appropriate statutory notices, demolition orders, or opportunities to be heard were not extended to the landowners, leading to a 'gross violation of the Plaintiff's constitutional rights as enshrined in Sections 36 and 44 of the 1999 Constitution (as amended).'
  • Counsel for the Plaintiff, Valerian Nadike, cited Ojukwu v. Governor of Lagos State (1986) as authority, stating that no state authority can ride roughshod over constitutional rights.

Statistics:

  • The 18.8-hectare estate in question is located in Okun-Ajah, Eti-Osa Local Government Area.
  • The project involves the proposed Lagos-Calabar Coastal Highway.
  • The Defendants named in the suit include the Attorney General of the Federation, the Minister of Works, the Lagos State Controller of Works, and HITECH Construction Company.
  • The Plaintiffs are seeking ?900 million in damages for the 'unlawful marking, threat of demolition, and interference with its property.'

Sources:

  • FHC/L/CS/1063/25 (The court reference number of the suit)
  • Valerian Viannay and Partners (The law firm representing the Plaintiff)
  • Ojukwu v. Governor of Lagos State (1986) (A court case cited by Counsel for the Plaintiff)

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