Justice A. Allagoa of the Federal High Court in Ikoyi, Lagos, has struck out a N1bn lawsuit against the Federal government, challenging the Lagos-Calabar Coastal Highway project.
The case, marked FHC/L/CS/310/2025, was filed by Chief Emeka Jackson Mewu and 26 others against the Federal Ministry of Works and five other parties.
It came up on Monday, June 23, for a hearing on a report of service and several pending motions.
At the session, counsel to the plaintiffs, Olajide Onasanya, informed the court of a Notice of Discontinuance filed due to procedural errors. He urged the court not to impose costs or, if necessary, to award a nominal amount.
However, Y. A. H. Ruba, a Senior Advocate of Nigeria, representing the Federal Ministry of Works and its permanent secretary, strongly opposed the discontinuance without leave of court, arguing that substantive issues had already been joined.
Ruba, told the court the plaintiffs initiated the matter by Originating Summons, and the defence had filed a counter affidavit in response.
Citing Benjamin & Anor v. APC, Ruba maintained that discontinuing a suit after issues have been joined without the court’s permission was irregular, and that dismissal, not striking out, was the appropriate order.
He therefore demanded N50m in costs.
Lawyers representing the Lagos State Government (3rd and 4th defendants), Mrs. Ibukun Fasoro (5th defendant), and the Central Bank of Nigeria (6th defendant) echoed similar arguments, each detailing the costs incurred and requesting compensation ranging from N20m to N30m.
In response, Onasanya argued that the filing of a Notice of Discontinuance should ordinarily lead to a striking out, not dismissal, and he pleaded for the court’s discretion to avoid hefty cost orders.
In his ruling, Justice Allagoa held that while the plaintiffs had failed to seek leave of court as required after the defendants filed responses, the lapse was a procedural irregularity, not a fatal error.
He accepted the discontinuance but held that the suit had already matured for dismissal due to the issues joined.
Consequently, the court dismissed the suit and ordered the plaintiffs to pay ₦1m to each of the six defendants, totalling N6m, as compensation for the cost of defending the action.
