Benin–Asaba Expressway: Court Action Ends As BAECC Continues Road Reconstruction
By MELVIN KOFFA & JOANNA ILUSANMI
THE Federal High Court in Abuja has struck out a lawsuit challenging the condition of the Benin–Asaba Expressway after the road concessionaire, Benin-Asaba Expressway Concession Company Limited (BAECC), commenced remedial works on the highway.
Justice Inyang Ekwo struck out the suit, marked FHC/ABJ/CS/2171/2026, after the plaintiff, the Society of Public Interest Lawyers in Nigeria (SPI-LAW), informed the court that work had begun on affected sections and that the initial traffic congestion had eased.
At the proceedings, SPI-LAW’s counsel, J. O. Aikpokpo-Martins, told the court that the organisation had filed a notice of discontinuance dated 12 October 2026. Consequently, he asked the court to strike out the case.
Counsel representing the other parties did not oppose the application. The defendants included the Attorney-General of the Federation, the Minister of Works and BAECC.
The Attorney-General and the Minister of Works were represented by A. A. Raji (SAN), while Wole Olanipekun (SAN) led the legal team representing the concessionaire.
SPI-LAW instituted the case on 11 September 2026, seeking judicial intervention over the condition of the expressway. Among other reliefs, the organisation asked the court to cancel or terminate the concession agreement, direct the Federal Government to take control of the road and order urgent rehabilitation of damaged sections.
It also sought measures to improve traffic management while awaiting comprehensive repairs.
However, the organisation discontinued the action after the reported commencement of remedial work and easing of congestion. BAECC had maintained that it was carrying out palliative interventions on critical sections of the highway and that the measures were improving vehicular movement.
The court’s decision ends the proceedings in the suit, allowing the concessionaire to continue its ongoing reconstruction activities without that case remaining before the court. Nevertheless, the striking out of the suit does not, by itself, amount to a judicial determination of every allegation raised against the concessionaire.
The Benin–Asaba Expressway serves as a major transport link between communities, businesses and markets in the South-South and South-East regions. Therefore, its condition remains important to the movement of passengers, goods and commercial traffic across the corridor.
