The Federal High Court in Abuja has struck out a suit filed by the Society of Public Interest Lawyers in Nigeria (SPI-LAW) over the condition of the Benin–Asaba Expressway, following the commencement of remedial works by the Benin-Asaba Expressway Concession Company Limited (BAECC).
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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 that the initial traffic congestion had subsequently eased.
BAECC had maintained that it did not abandon remedial works on the Benin–Asaba Expressway, stating 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 traffic situation.
The striking out of the suit followed SPI-LAW’s decision to discontinue the action in view of the remedial works and does not amount to a judicial determination of the merits of the claims earlier made against the concessionaire.
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, including 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, while 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 concession agreement, an order directing the Federal Government to take appropriate control of the road, and the 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 commenced the action over the condition of the Benin–Asaba Expressway and the measures being taken to address traffic-related challenges along 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.
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