In a dramatic turn at the Federal High Court in Ikoyi, Lagos, Hon. Justice Allagoa has dismissed a high-profile lawsuit filed by Chief Emeka Jackson Mewu and 26 others against the Federal Ministry of Works and five other defendants over the Lagos-Calabar coastal highway, citing procedural violations and joined issues in the suit.

The court also imposed a ₦6 million cost against the plaintiffs, to be shared equally among the six defendants.

The matter, FHC/L/CS/310/2025, came up on Monday, June 23, 2025, for a report of service and pending motions.

However, tensions rose when the plaintiffs’ counsel, Olajide Onasanya Esq., informed the court of a Notice of Discontinuance, citing procedural defects.

He pleaded with the court not to award costs, or to impose only a minimal amount if it must.

But the defence team—led by Senior Advocate of Nigeria (SAN) Y. A. H. Ruba, SAN, representing the 1st and 2nd defendants—pushed back hard.

Ruba argued that the plaintiffs had already initiated the suit by Originating Summons, and the defence had responded with a Counter Affidavit, thereby joining issues in accordance with the Federal High Court Rules.

He insisted that a Notice of Discontinuance filed after the parties joined issues was invalid unless leave of court was sought—a step the plaintiffs failed to take.

“At this stage, the suit cannot be withdrawn. The proper order is dismissal—not striking out,” Ruba argued, citing the case of Benjamin & Anor v. APC. He demanded ₦50 million in costs for the inconvenience caused to his clients.

Counsel for the 3rd and 4th defendants (Lagos State Government) aligned with the position of the lead counsel, affirming that they had also filed responsive processes, including a counter affidavit and Notice of Preliminary Objection. They requested a ₦20 million cost.

Counsel for the 5th defendant (Mrs. Ibukun Fasoro) echoed similar arguments but said she would accept either a strike-out or dismissal, requesting ₦30 million in costs due to expenses incurred.

The 6th defendant’s counsel, representing the Central Bank of Nigeria (CBN), also confirmed that issues had been joined and sought ₦20 million in costs.

In response, the plaintiffs’ counsel maintained that striking out was the appropriate order upon filing a Notice of Discontinuance and appealed to the court’s discretion not to impose heavy costs.

Justice Allagoa agreed that the plaintiffs failed to comply with the court’s rules, which mandate that discontinuance must occur within 14 days of the defence entry, or else require the court’s leave. However, he treated the procedural lapse as a “mere irregularity,” allowed the discontinuance, but concluded that issues had indeed been joined.

Accordingly, the court dismissed the suit and ordered the plaintiffs to pay ₦1 million to each of the six defendants—a total of ₦6 million—as cost for defending the now-dismissed action.