The Society of Public Interest Lawyers in Nigeria (SPI-LAW) has sued the Federal Government of Nigeria and the concessionaire of the Benin–Asaba Expressway over the condition of the 125-kilometre highway.
The group filed the suit at the Federal High Court in Abuja on 11 September, asking the court to terminate the concession agreement and order urgent repairs on damaged sections of the road.
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The case, marked FHC/ABJ/CS/2171/2026, lists Benin–Asaba Expressway Concession Company Limited (BAECC), the Attorney-General of the Federation and the Minister of Works as defendants.
SPI-LAW disclosed the suit in a statement shared with PREMIUM TIMES on Tuesday by its Director of Media and Publicity, Sadiya Saleh.
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Among other prayers, the organisation asks the court to direct the federal government to take appropriate control of the highway and carry out remedial work on sections it says have become unsafe.
It is also asked for urgent rehabilitation, reconstruction, and repairs, along with traffic management and other safety measures, pending wider rehabilitation of the road.
SPI-LAW stated that it had filed applications for interim and interlocutory orders because of what it described as the risks posed to motorists by damaged, excavated and deteriorated sections of the highway.
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Dispute over government intervention
The case follows a disagreement between the federal government and BAECC over emergency repairs on the road.
The Federal Ministry of Works had explained that the concession agreement requires the government to obtain the concessionaire’s permission before intervening on the highway.
The ministry said it did not grant permission when Minister of Works David Umahi sought to intervene as the road condition worsened.
According to the ministry, Mr Umahi later presented three options to BAECC to allow the government to carry out emergency repairs, but none was accepted.
The government has since directed major contractors to begin emergency work on three sections of the road, saying it will bear the cost.
It also noted that the entire route would be redesigned for reconstruction with reinforced concrete pavement.
The government had launched the reconstruction of the road in March 2025 under its Highway Development and Management Initiative. The project includes the rehabilitation and value-added concession of the highway.
SPI-LAW’s argument
SPI-LAW stressed that the condition of the road should not be left as a contractual matter between the government and the concessionaire when motorists’ safety is at stake.
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The organisation relied on Section 14(2)(b) of the Nigerian constitution, which states that “the security and welfare of the people shall be the primary purpose of government.”
It also cited section 13 of the constitution, which requires government authorities to conform to and apply the provisions of Chapter II.
SPI-LAW said the government has a continuing responsibility to protect road users where the condition of a federal highway puts lives and property at risk.
It described the Benin–Asaba road as an important transport route used by motorists, traders, farmers, businesses, transport operators and emergency services.
The organisation said it went to court because motorists and other road users should not be left to bear the consequences of the disagreement over the concession.
BAECC had in August revealed that it had carried out palliative and rehabilitation work along the 125-kilometre corridor since it mobilised to the site in 2025.
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