Benin-Asaba Expressway: Court Gives FG, Concessionaire September 28 to Answer SPI-LAW’s Safety Demands

The Federal High Court sitting in Abuja has ordered the Federal Government and the concessionaire of the Benin-Asaba Expressway to appear and show cause why urgent measures sought by the Society of Public Interest Lawyers in Nigeria (SPI-LAW) over the condition of the expressway should not be granted.

The order was made by Hon. Justice I. E. Ekwo on September 17th, 2026, in Suit No. FHC/ABJ/CS/2171/2026, filed by the Incorporated Trustees of the Society of Public Interest Lawyers in Nigeria against Benin-Asaba Expressway Concession Company Limited, the Attorney-General of the Federation and the Minister of Works.

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SPI-LAW had approached the court through an ex parte application seeking urgent intervention over what it described in its application as dangerous portions of the Benin-Asaba Expressway and the risks posed to road users. According to the Order seen by BarristerNG the application is supported by an affidavit sworn to by Godspower Eroga, a legal practitioner and member of the applicant, while Clement Ugo Chukwuemeka, Esq. appeared as counsel for the applicant.

Among the reliefs sought was an order directing the second and third defendants the Attorney-General of the Federation and the Minister of Works to take emergency and temporary measures necessary to secure and remedy affected portions of the expressway and protect the lives and property of road users.

The applicant also sought orders compelling the defendants to mobilise or procure qualified personnel for road construction, rehabilitation, traffic management and emergency response at affected portions of the expressway.

Another relief sought was for the immediate filling, stabilisation, temporary surfacing, barricading and marking of dangerous potholes, craters, excavated sections, failed carriageway portions and other locations said to constitute immediate hazards to motorists.

SPI-LAW further sought the installation of appropriate warning signs, traffic-control measures, reflective barriers and lighting, as well as traffic diversion arrangements where necessary, to prevent accidents, loss of life and prolonged obstruction of traffic.

Rather than grant the substantive emergency measures sought at the ex parte stage, Justice Ekwo directed SPI-LAW to put the defendants on notice.

The court ordered the plaintiff/applicant to serve the defendants with its ex parte application within three days of the order.

The defendants/respondents were consequently ordered to show cause on the next date of hearing why the prayers sought by SPI-LAW should not be granted.

The matter was adjourned to September 28, 2026, for the defendants to show cause.