Court Affirms Private-Public Partnership Continuity, Dismisses Suit On Benin–Asaba Expressway Project

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 dismissed 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

BAECC had rejected claims that it failed to carry out remedial works on the highway, maintaining that it continued palliative interventions on critical sections of the highway.

At the proceedings, counsel to SPI-LAW, J. O. Aikpokpo-Martins, informed the court that the plaintiff had filed a notice of discontinuance dated 12th October, 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 11 September 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 regarding traffic management and other interim measures pending the comprehensive rehabilitation of the highway.

SPI-LAW had initially commenced action regarding conditions on the Benin–Asaba Expressway and the measures being taken to address traffic-related challenges along the corridor.

The Benin–Asaba Expressway 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.