A lawsuit challenging the state of the Benin–Asaba Expressway, previously brought forward by the Society of Public Interest Lawyers in Nigeria (SPI-LAW), has been officially dismissed by the Federal High Court in Abuja after the Benin-Asaba Expressway Concession Company Limited (BAECC) began carrying out necessary repairs.
The suit, marked FHC/ABJ/CS/2171/2026, was struck out by Justice Inyang Ekwo after SPI-LAW informed the court that the Concessionaire had commenced remedial works on the strategic highway, and the initial traffic congestion had subsequently eased
The Benin-Asaba Expressway Concession Company Limited (BAECC) has always rejected claims that it failed to carry out remedial works on the Benin-Asaba Expressway, sources from the Company have always maintained that it continued palliative interventions on critical sections of the highway. According to the Concessionaire, those measures reduced congestion and improved vehicular movement through some of the sections most affected by the congestion.
Following this ruling, this assertion has now been validated and allows BAECC to continue with the ongoing construction work along this vital corridor.
At the proceedings, counsel to SPI-LAW, J. O. Aikpokpo-Martins, informed the court that the plaintiff had filed a notice of discontinuance dated October 12, 2026, in view of the development.
The plaintiff subsequently urged the court to strike out the suit, an application that was not opposed by counsel to the other parties being the Attorney General of the Federation, the Minister of Works, and the Concessionaire.
The Attorney-General of the Federation and the Minister of Works, listed as the second and third defendants, were represented by A. A. Raji, SAN.
The legal team representing the Concessionaire was led by Wole Olanipekun, SAN.
SPI-LAW instituted the action on September 11, 2026, seeking judicial intervention over the condition of the expressway.
Among the reliefs sought were the cancellation or termination of the expressway’s concession agreement, an order directing the Federal Government to take appropriate control of the road, and urgent rehabilitation of damaged sections.
The organisation also sought orders relating to traffic management and other interim measures pending comprehensive rehabilitation of the highway.
SPI-LAW had initially commenced the action in connection with conditions on the Benin–Asaba Expressway and the measures being taken to address traffic-related challenges on the corridor.
The Benin–Asaba Expressway is a major transportation corridor linking communities, businesses and markets across the South-South and South-East regions, making its condition critical to the movement of people and goods.
The striking out of the suit brings the legal proceedings to a close and allows the Concessionaire to continue advancing the ongoing implementation of its reconstruction works on the Benin-Asaba Expressway.
What You Should Know
A legal challenge regarding the poor condition of the vital Benin-Asaba Expressway has been thrown out of court because repair work has finally kicked off on the highway, easing traffic.
- Positive Impact: Commuters and transporters using this major South-South and South-East corridor can look forward to smoother vehicular movement and reduced travel time as reconstruction progresses.
- Potential Concerns: Continued monitoring is required to ensure that the ongoing construction work meets required timelines and standards without causing extended travel disruptions.
