The Federal High Court in Abuja has struck out a lawsuit challenging the condition of the Benin–Asaba Expressway after the
The Federal High Court in Abuja has struck out a lawsuit challenging the condition of the Benin–Asaba Expressway after the plaintiff said remedial works had begun and traffic congestion had eased on the highway.
Justice Inyang Ekwo struck out the suit, marked FHC/ABJ/CS/2171/2026, after the Society of Public Interest Lawyers in Nigeria (SPI-LAW) filed a notice of discontinuance dated October 12, 2026, citing developments on the road.
The decision allows the Benin-Asaba Expressway Concession Company Limited (BAECC), the concessionaire responsible for the highway, to continue its ongoing reconstruction works without the case proceeding further.
At the proceedings, J. O. Aikpokpo-Martins, counsel to SPI-LAW, informed the court of the notice of discontinuance and asked that the suit be struck out. Lawyers representing the other parties, including the Attorney-General of the Federation, the Minister of Works and BAECC, did not oppose the application.
The federal government was represented by A. A. Raji, SAN, while Wole Olanipekun, SAN, led the legal team representing the concessionaire.
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SPI-LAW instituted the suit on September 11, 2026, seeking judicial intervention over the condition of the expressway and the traffic challenges facing motorists along the route.
The organisation had sought the cancellation or termination of the concession agreement, an order directing the Federal Government to take appropriate control of the road, and urgent rehabilitation of damaged sections. It also requested court orders on traffic management and other interim measures pending comprehensive rehabilitation.
BAECC had disputed allegations that it failed to carry out remedial work, maintaining that it continued to undertake palliative interventions on critical sections of the highway to ease congestion and improve vehicular movement.
The discontinuance of the case follows the plaintiff’s acknowledgment that remedial work had commenced and traffic congestion had eased.
However, the striking out of the suit does not, by itself, amount to a judicial determination of the broader allegations about the road’s condition or the concessionaire’s performance.
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The Benin–Asaba Expressway is a major transport link connecting communities, businesses and markets across the South-South and South-East.
Disruptions along the corridor can increase travel times and transport costs for commuters, traders and businesses moving goods between the regions.
The continuation of reconstruction works will therefore be important to improving traffic flow and the movement of goods along the route, although the pace and extent of improvements will depend on the execution of the remaining works.
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Wasiu Alli is a business, economics cum data journalist with strong expertise covering macro trends, capital markets, government policies, corporate earnings and comparative economics analysis. Alli turns raw data into trends that not only tells compelling stories but nudges investors to make valued and informed decisions. He’s an alumnus of Lagos State University and trained at Lagos Business School. He formerly heads the Companies and Markets desk at BusinessDay where he writes and supervises the production of well researched articles on earnings updates, corporate sectoral comparisons, market intelligence as well as interviews with C-suite executives.
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