SPI-LAW drags Nigerian govt to court over deteriorating Benin–Asaba Expressway

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 and the alleged failure to ensure the safety and proper management of the strategic highway.

The Director, SPI-LAW Media & Publicity, Sadiya Saleh, disclosed this in a statement signed and made available to newsmen.

The action, Suit No. FHC/ABJ/CS/2171/2026, was filed on September 11, 2026, against the following defendants: Benin–Asaba Expressway Concession Company Limited; The Attorney-General of the Federation; and the Honourable Minister of Works, Federal Republic of Nigeria.

Among the principal reliefs sought by SPI-LAW are:

An order cancelling/terminating the concession agreement relating to the Benin–Asaba Expressway on the grounds stated in the substantive suit;

An order directing the Federal Government to assume appropriate control and take remedial measures necessary to restore the highway to a safe and serviceable condition;

An order compelling urgent rehabilitation, reconstruction and remedial works on the affected portions of the Benin–Asaba Expressway;

Orders for appropriate traffic management and public safety measures pending comprehensive rehabilitation of the highway.

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

SPI-LAW maintains that the condition of the highway is not merely a private contractual disagreement between a concessionaire and the Federal Government. It raises fundamental questions concerning the government’s constitutional responsibility to protect the lives, safety and welfare of Nigerians.

Section 14(2)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), expressly provides: “the security and welfare of the people shall be the primary purpose of government.”

SPI-LAW considers this constitutional provision particularly relevant. Where a major federal highway is allegedly left in a condition that exposes road users to avoidable risks of accidents, injury, loss of life, economic hardship and security threats, the Federal Government cannot stand aside simply because there is a dispute concerning the performance of a concession agreement.

The Constitution further provides in Section 13 that it is the duty and responsibility of 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 contends that the Federal Government has a continuing constitutional responsibility to act in the public interest and to take reasonable steps to protect Nigerians using this critical transportation corridor.

The Society emphasises that the public should not become casualties of a contractual dispute between the Government and a concessionaire.

The Benin–Asaba Expressway is a critical economic and transportation link. Its continued deterioration affects motorists, businesses, traders, farmers, transport operators, emergency services and the wider Nigerian economy.

SPI-LAW has accordingly approached the Federal High Court for judicial intervention, including the cancellation of the concession and urgent remedial measures to restore safe passage along the highway.

The Society remains committed to accountability in the management of public infrastructure and will pursue this action in the public interest and for the protection of millions of Nigerians who depend on the Benin–Asaba Expressway.