BAECC wins as court strikes out suit over Benin–Asaba Expressway

The Federal High Court in  Abuja has struck out a suit instituted by the Society of Public Interest Lawyers in Nigeria (SPI-LAW) over the condition of the Benin–Asaba Expressway, following the commencement 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 that the traffic congestion initially complained about had subsequently eased.

The development represents a boost for BAECC, which has consistently rejected allegations that it failed to carry out remedial interventions on the expressway. Sources within the company maintained that palliative works had continued on critical sections of the highway to ease congestion and improve vehicular movement.

The latest development has strengthened the company’s position as it continues work on the vital transportation 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, following the commencement of the remedial works.

The plaintiff subsequently urged the court to strike out the suit, an application that was not opposed by counsel representing the other parties: the Attorney-General of the Federation, the Minister of Works and BAECC.

The Attorney-General of the Federation and the Minister of Works, listed as the second and third defendants, respectively, were represented by A. A. Raji, SAN, while 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 deteriorating condition of the expressway and the measures being taken to address the challenges confronting motorists.

Among the reliefs sought by the organisation 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 plaintiff also sought orders relating to traffic management and other interim measures pending the comprehensive rehabilitation of the highway.

However, following the commencement of remedial works and the reported easing of traffic congestion, SPI-LAW opted to discontinue the action, paving the way for the court to strike it out.

The striking out of the suit brings the legal proceedings to an end, although it does not, in itself, amount to a judicial determination of the substantive allegations originally raised by the plaintiff.

The Benin–Asaba Expressway is a major transportation corridor connecting communities, businesses and markets across the South-South and South-East regions. Its condition is therefore critical to the smooth movement of people, agricultural produce and other goods, as well as commercial activities along the route.

With the suit struck out, BAECC can continue implementing its ongoing reconstruction programme and remedial interventions on the expressway without the discontinued action hanging over the project.