Court strikes out suit over Benin-Asaba Expressway construction, affirms PPP project continuity

The Federal High Court, sitting 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 expressway, but sources in 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.

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 in view of the development.

The plaintiff subsequently urged the court to strike out the suit, an application that was not opposed by counsel for 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, seeking judicial intervention over the condition of the expressway.

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Among the reliefs sought were 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.

The organisation also sought orders relating to traffic management and other interim measures pending comprehensive rehabilitation of the highway.

SPI-LAW initially commenced the action in connection with conditions on the expressway and the measures being taken to address traffic-related challenges on the corridor.

The high-way 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.

The striking out of the suit brings the legal proceedings to a close and allows the Concessionaire to continue advancing the ongoing implementation of its reconstruction works on the Benin-Asaba Expressway.