Public-interest lawyers have commenced legal action against the Federal Government and the concessionaire managing the Benin–Asaba Expressway. The lawsuit seeks to address the severe deterioration of the highway, which has become a major safety hazard for motorists traversing the route.
The legal group, SPI-LAW, argues that the dilapidated state of the road is no longer a matter that can be treated as a mere disagreement over contract terms. They contend that because the condition of the expressway directly threatens the lives of commuters, the government and the private entity in charge cannot hide behind contractual complexities to avoid responsibility.
The expressway serves as a vital economic corridor connecting the South-South and South-East regions of Nigeria. The current state of the road, marked by deep potholes and uneven surfaces, has led to increased vehicle maintenance costs, travel delays, and a rise in road accidents.
Safety concerns override contractual disputes
In a legal challenge against the Federal Government and the concessionaire, SPI-LAW maintained that the safety of the public must take precedence over any private agreement between the state and a service provider. The lawyers argue that the duty of care owed to citizens cannot be abdicated through concession agreements.
The dispute centres on the failure to maintain the road to acceptable international standards. Under most road concession models, the private partner is responsible for routine and major maintenance, while the government maintains oversight. However, commuters on the Benin–Asaba route have complained of years of neglect despite the ongoing use of the facility.
The decay has significant economic implications for the logistics and haulage sectors. As a primary route for moving goods from the ports and agricultural hubs in the South-South to the rest of the country, the poor condition of the Benin-Asaba stretch increases the cost of doing business. Heavy-duty vehicles often suffer structural damage, which is eventually passed on to consumers through higher freight rates.
Beyond the economic cost, the humanitarian aspect remains the most pressing issue. Motorists have reported difficulty navigating the road at night, where potholes are often invisible, leading to sudden swerving and collisions. The legal action aims to compel both the Federal Government and the concessionaire to implement immediate repairs and establish a sustainable maintenance schedule.
As of the time of this report, the Federal Government and the relevant concessionaire have not issued an official response to the lawsuit. The matter is expected to be heard in court to determine the extent of the liability held by both parties regarding the upkeep of national critical infrastructure.
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