The Society of Public Interest Lawyers in Nigeria, SPI-LAW, has dragged the Federal Government and the concessionaire of the Benin–Asaba Expressway before the Federal High Court, Abuja, over the deteriorating condition of the strategic highway.
In the suit, numbered FHC/ABJ/CS/2171/2026 and filed on September 11, 2026, the group is seeking the cancellation or termination of the concession agreement and urgent rehabilitation of the affected sections of the road.
Joined as defendants in the suit are the Benin–Asaba Expressway Concession Company Limited, the Attorney-General of the Federation, and the Minister of Works.
SPI-LAW is also asking the court to order the Federal Government to assume appropriate control of the highway and take immediate measures to restore it to a safe and serviceable condition.
Among the reliefs sought by the lawyers are orders compelling urgent rehabilitation, reconstruction and remedial works on the damaged portions of the expressway.
The group is further seeking appropriate traffic management and public safety measures pending comprehensive rehabilitation of the road.
SPI-LAW said it has filed separate applications for urgent interim and interlocutory mandatory orders to compel immediate measures aimed at protecting motorists and other road users from what it described as the dangers posed by severely damaged, excavated and deteriorated portions of the highway.
The public interest lawyers argued that the matter goes beyond a contractual dispute between the Federal Government and the concessionaire, insisting that it raises questions about the government’s constitutional responsibility to protect the lives and welfare of Nigerians.
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According to the group, Section 14(2)(b) of the 1999 Constitution, as amended, provides that “the security and welfare of the people shall be the primary purpose of government.”
SPI-LAW said the constitutional provision becomes particularly relevant where a major federal highway is allegedly allowed to deteriorate to a point where road users are exposed to avoidable risks of accidents, injuries and loss of lives.
It argued that the Federal Government could not stand aside because of any disagreement over the performance of the concession agreement.
The group also relied on Section 13 of the Constitution, which places a duty on all organs and authorities exercising governmental powers to conform to and apply the provisions of Chapter II of the Constitution.
SPI-LAW therefore contended that the Federal Government has a continuing obligation to act in the public interest and take reasonable steps to protect Nigerians who use the highway.
The group warned that Nigerians should not be made to bear the consequences of a contractual dispute between the government and a private concessionaire.
It described the Benin–Asaba Expressway as a critical economic corridor whose poor condition affects motorists, businesses, traders, farmers, transport operators, emergency services and the wider economy.
SPI-LAW said it approached the Federal High Court for judicial intervention, including the cancellation of the concession and urgent remedial works to restore safe passage along the highway.
The society said it would continue to pursue the case in the public interest and seek accountability in the management of critical public infrastructure.
