BAECC wins as court strikes out suit over Benin–Asaba expressway construction

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 execution of remedial works by the Benin-Asaba Expressway Concession Company Limited (BAECC).

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.