SPI-LAW Sues FG, Concessionaire Over Benin–Asaba Expressway, Seeks Cancellation of Concession

The Society of Public Interest Lawyers in Nigeria (SPI-LAW) has instituted a public interest action at the Federal High Court, Abuja Judicial Division, over the deteriorating condition of the Benin–Asaba Expressway, seeking, among other reliefs, the cancellation of the concession agreement and urgent remedial works on the highway.

The suit, with number FHC/ABJ/CS/2171/2026, was filed on September 11, 2026, against the Benin–Asaba Expressway Concession Company Limited, the Attorney-General of the Federation, and the Minister of Works, Federal Republic of Nigeria, as the first, second and third defendants respectively.

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According to a statement signed by the SPI-LAW Director, Media & Publicity, Sadiya Saleh the action was prompted by concerns over the alleged deterioration of significant portions of the highway and what it describes as the failure to ensure adequate safety and proper management of the strategic road.

Among the principal reliefs sought by SPI-LAW is an order cancelling or terminating the concession agreement relating to the Benin–Asaba Expressway on the grounds contained in the substantive suit.

The public interest lawyers, Olukunle O. Edun, SAN, J. O. Aikpokpo-Martins, Esq., and Olajide A. Abiodun, Esq. are also asking the court to direct the Federal Government to assume appropriate control of the highway and take remedial measures necessary to restore it to a safe and serviceable condition.

They are further seeking orders compelling the authorities to undertake urgent rehabilitation, reconstruction and remedial works on affected portions of the expressway.

The Society is also asking for appropriate traffic management and public safety measures pending comprehensive rehabilitation of the highway.

SPI-LAW said it has filed additional applications seeking urgent interim and interlocutory mandatory orders for immediate measures to protect motorists and other road users from what it described as continuing dangers posed by severely damaged, excavated and deteriorated portions of the highway.

The Society argued that the matter goes beyond a contractual disagreement between the Federal Government and the concessionaire.

According to SPI-LAW, the condition of the highway raises broader constitutional questions concerning the responsibility of government to protect the lives, safety and welfare of Nigerians.

The Society relied particularly on Section 14(2)(b) of the 1999 Constitution, as amended, which provides that the security and welfare of the people shall be the primary purpose of government.

SPI-LAW contends that where a major federal highway is allegedly left in a condition exposing road users to avoidable risks of accidents, injuries, loss of lives, economic hardship and security threats, government cannot simply stand aside because of a dispute concerning the performance of a concession agreement.

The Society also referred to Section 13 of the Constitution, which places a duty on all organs of government and authorities exercising legislative, executive or judicial powers to conform to, observe and apply the provisions of Chapter II of the Constitution.

SPI-LAW therefore maintains that the Federal Government has a continuing responsibility to act in the public interest and take reasonable measures to protect Nigerians who use the highway.

The public interest lawyers emphasised that motorists and other road users should not become casualties of what may be a contractual dispute between government and a private concessionaire.

The Society described the Benin–Asaba Expressway as a critical economic and transportation corridor whose condition has implications for motorists, businesses, traders, farmers, transport operators, emergency services and the wider Nigerian economy.

It said the continued deterioration of the road could have consequences beyond inconvenience to commuters, including increased risks to lives and property and disruption to economic activities along the corridor.

SPI-LAW is consequently asking the Federal High Court to intervene by granting the reliefs sought in the suit, including cancellation of the concession and urgent measures to restore safe passage on the highway.

The Society said it remains committed to promoting accountability in the management of public infrastructure and would pursue the case “in the public interest and for the protection of millions of Nigerians” who depend on the Benin–Asaba Expressway.