The Society of Public Interest Lawyers in Nigeria (SPI-LAW) has dragged the Federal Government and the Benin–Asaba Expressway Concession Company Limited before the Federal High Court in Abuja, seeking judicial intervention over the alleged deteriorating condition of the Benin–Asaba Expressway, including the possible termination of the concession and urgent measures to make the highway safe for motorists.
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The action, marked FHC/ABJ/CS/2171/2026, was instituted by the Incorporated Trustees of the Society of Public Interest Lawyers in Nigeria against the Benin–Asaba Expressway Concession Company Limited, the Attorney-General of the Federation and the Minister of Works. Court documents bear the Federal High Court filing stamp of September 11, 2026.
The court papers show that SPI-LAW’s substantive case challenges the performance and continued operation of the concession and raises the possibility of its termination or cancellation. The group maintains that the dispute concerns not merely the contractual relationship between government and the concessionaire but the safety and welfare of thousands of road users who depend on the highway.
According to the filings, the Benin–Asaba Expressway is approximately 125 kilometres long and is being operated under a long-term public-private partnership concession. SPI-LAW describes the road as a strategic federal highway connecting the South-South, South-East and parts of the South-West, and says its condition has consequences for commercial transportation, agriculture, emergency services and interstate movement.
In an affidavit filed in support of its application, SPI-LAW alleges that substantial portions of the highway have been subjected to construction and rehabilitation activities involving the removal, scraping, scarification and disturbance of existing road surfaces, with some affected portions allegedly left in conditions that impede the safe movement of vehicles.
The group says motorists and commuters have consequently experienced severe traffic congestion, prolonged delays, vehicle breakdowns and damage, while transporters and commercial operators have incurred additional costs arising from fuel consumption, repairs, accommodation and alternative routes.
SPI-LAW further alleges that prolonged obstruction along the corridor has affected the movement of food, agricultural produce, petroleum products and other commercial goods, with wider consequences for transportation costs and economic activity. It also raises security concerns, arguing that stranded motorists and prolonged queues may expose road users to criminal activity and make it more difficult for emergency vehicles to reach persons requiring urgent assistance.
Pending the determination of the substantive action, the organisation has filed an ex parte application asking the court to direct the Attorney-General of the Federation and the Minister of Works to take immediate temporary and protective measures on affected sections of the highway.
Among the interim reliefs sought are orders directing the authorities to mobilise competent road construction, rehabilitation, traffic-management and emergency-response personnel; undertake temporary surfacing or filling of dangerous sections; barricade and clearly mark potholes, craters, excavated areas and failed portions of the carriageway; and provide warning signs, reflective barriers, traffic personnel, lighting where necessary and appropriate diversion arrangements.
SPI-LAW expressly told the court that those emergency measures are intended to protect lives and preserve safe passage and should not amount to a final determination of whether the concession agreement is valid, has been breached or should ultimately be terminated. It also asked the court to abridge the time within which the defendants must respond to its interlocutory application.
In its written address, the organisation argues that the urgency lies in what it describes as a continuing risk of avoidable accidents, injuries, deaths, vehicle damage, economic losses and security incidents if the allegedly dangerous portions of the highway remain unattended while the substantive case proceeds.
“The reliefs sought are limited and preservative,” SPI-LAW argued in its filing, stressing that at the interlocutory stage it is not asking the court to finally determine the concessionaire’s contractual liability or terminate the concession without hearing the defendants.
The group further contends that monetary damages would not be an adequate remedy where a road user suffers death or serious personal injury, and that the court should prioritise immediate public safety while preserving the defendants’ right to contest the allegations and the substantive suit.
Apart from the emergency applications, SPI-LAW has also asked the court to compel the Attorney-General of the Federation and the Minister of Works to produce a Certified True Copy of the executed Benin–Asaba Expressway Concession Agreement, together with its schedules, annexures, appendices, technical specifications, performance standards, financial schedules, implementation schedules, amendments, variations, addenda, supplemental agreements and side letters.
The plaintiff says those documents are central to determining the exact obligations of the concessionaire and the Federal Government, including construction and rehabilitation standards, road-user safety obligations, maintenance responsibilities, financing obligations, performance milestones, events of default, cure periods, termination rights, government step-in rights and compensation provisions.
SPI-LAW is also asking the court to order the government defendants, where any of the requested documents cannot be produced, to file an affidavit identifying the missing document, explaining why it is unavailable, identifying the person or authority with custody of it and stating the steps taken to obtain it.
It further seeks an order preventing the defendants from relying at trial on any provision of the concession agreement without first producing the original or a duly certified copy before the court, as well as an order allowing SPI-LAW and its lawyers to inspect the executed agreement and its incorporated schedules and instruments.
The Society argues that the concession agreement is the foundation of the dispute and that the court cannot properly determine questions of contractual breach, performance, government step-in rights or termination on the basis of secondary accounts or incomplete extracts.
According to its written address, the substantive action concerns a 25-year public-private partnership concession, and the organisation says production of the complete agreement is necessary for the court to determine whether the concessionaire complied with its obligations and whether any alleged breach could justify cancellation, termination or other relief.
SPI-LAW also relies on the constitutional principle that the security and welfare of the people are the primary purpose of government, arguing that the Federal Government cannot remain passive where the condition of a major federal highway allegedly presents continuing risks to life, property and economic activity.
The organisation therefore wants the Federal Government, in the substantive action, to assume appropriate responsibility for restoring the highway to a safe and serviceable condition, undertake or ensure urgent rehabilitation and remedial works, and put in place adequate traffic-management and safety measures while the dispute over the concession is resolved.
SPI-LAW insists that road users should not become casualties of any contractual disagreement between government and the concessionaire, describing the Benin–Asaba corridor as a major economic artery whose deterioration affects motorists, businesses, traders, farmers, transport operators and emergency services.
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