Lawyers Take Action Over Bad State of Benin, Asaba Expressway

The Society of Public Interest Lawyers in Nigeria (SPI-LAW) has taken the Federal Government and the company in charge of the Benin, Asaba Expressway to court. This is about the condition of the 125-kilometre highway.

The group filed their case at the Federal High Court in Abuja on 11 September. They want the court to end the concession agreement and order immediate repairs on the damaged parts of the road.

This case is marked FHC/ABJ/CS/2171/2026. The defendants include Benin, Asaba Expressway Concession Company Limited (BAECC), the Attorney-General of the Federation, and the Minister of Works.

SPI-LAW shared the news of the lawsuit in a statement on Tuesday. Sadiya Saleh, the Director of Media and Publicity for the group, provided the details.

The group is asking the court to direct the federal government to take control of the highway. They want the government to carry out repairs on the sections that have become unsafe for drivers.

They also want urgent rehabilitation, reconstruction, and repairs, along with traffic management and other safety measures while waiting for the larger rehabilitation of the road.

SPI-LAW mentioned that they had filed for interim and interlocutory orders. This was because of the dangers posed to drivers by damaged and deteriorated sections of the highway.

This legal action comes after a disagreement between the federal government and BAECC over emergency repairs on the road. The Federal Ministry of Works explained that the concession agreement requires the government to get permission from the concessionaire before making any interventions on the highway.

The ministry said they did not grant permission when Minister of Works David Umahi wanted to intervene as the road condition got worse. According to the ministry, Mr. Umahi later offered three options to BAECC to allow the government to handle emergency repairs, but none were accepted.

Now, the government has told major contractors to start emergency work on three sections of the road. They said they will cover the costs. They also added that the entire route will be redesigned for reconstruction using reinforced concrete pavement.

The government kicked off the reconstruction of the road in March 2025 under its Highway Development and Management Initiative. This project includes the rehabilitation and value-added concession of the highway.

SPI-LAW emphasized that the state of the road should not be just a contract issue between the government and the concessionaire when the safety of drivers is at risk.

The group referred to Section 14(2)(b) of the Nigerian constitution, which says that "the security and welfare of the people shall be the primary purpose of government."

They also mentioned Section 13 of the constitution, which requires government authorities to follow and apply the rules in Chapter II. SPI-LAW believes the government has a duty to protect road users when the condition of a federal highway threatens lives and property.

They described the Benin, Asaba road as an important transport route for drivers, traders, farmers, businesses, transport operators, and emergency services.

SPI-LAW went to court because they think that motorists and other road users should not suffer because of the disagreement over the concession.

BAECC had said in August that they had been doing palliative and rehabilitation work along the 125-kilometre corridor since they started on-site in 2025.