Abuja – The Society of Public Interest Lawyers in Nigeria (SPI-LAW) has filed a lawsuit against the Federal Government and the concessionaire managing the Benin–Asaba Expressway, seeking the cancellation of the road concession agreement and urgent reconstruction of the highway.
The suit, marked FHC/ABJ/CS/2171/2026 and filed at the Federal High Court in Abuja on September 11, 2026, lists the Benin–Asaba Expressway Concession Company Limited, the Attorney-General of the Federation, and the Minister of Works as defendants.
According to SPI-LAW, the legal action is aimed at addressing the worsening condition of the expressway, which it described as a major threat to the lives and safety of motorists and other road users.
The group is asking the court to terminate the concession arrangement, direct the Federal Government to reassume control of the highway, and order the immediate rehabilitation and reconstruction of damaged sections of the road.
In addition to the substantive reliefs sought, SPI-LAW has applied for interim and interlocutory orders compelling the defendants to implement urgent safety and traffic management measures pending the completion of repair works.
The public interest group alleged that several portions of the highway have become severely deteriorated and in some areas excavated, creating conditions that heighten the risk of accidents, injuries and loss of lives.
SPI-LAW argued that the matter extends beyond contractual issues between the government and the concessionaire, insisting that the Federal Government has an ongoing constitutional responsibility to ensure the safety and welfare of Nigerians using the vital transport corridor.
Citing Section 14(2)(b) of the 1999 Constitution, the group noted that the security and welfare of citizens remain the primary purpose of government, adding that this obligation cannot be transferred or abandoned because of challenges arising from a concession agreement.
The Benin–Asaba Expressway serves as a critical transportation link connecting several states and facilitating the movement of goods, services and people across the country. SPI-LAW said the continued decay of the road is contributing to economic losses, hardship for businesses and commuters, and growing security concerns.
The organisation stated that it instituted the action in the public interest to promote accountability in the management of public infrastructure and to protect the lives of millions of Nigerians who depend on the highway.
As of the time of filing this report, the case has not been assigned a hearing date by the court.