Federal High Court strikes out the Benin-Asaba Expressway lawsuit after remedial works ease traffic.
The Federal High Court in Abuja has officially struck out a high profile lawsuit concerning the deteriorating condition of the strategic Benin-Asaba Expressway. Justice Inyang Ekwo presided over the matter, marked as suit number FHC/ABJ/CS/2171/2026.
The legal action was initially instituted by the Society of Public Interest Lawyers in Nigeria against key government bodies and the private concessionaire responsible for managing the vital transportation corridor.
Proceedings came to a close after the plaintiff voluntarily discontinued the action, according to information published by The Sun Nigeria.
Legal Proceedings and Notice of Discontinuance
During the court session, the legal representative for the plaintiff, J. O. Aikpokpo-Martins, formally informed the judge that a notice of discontinuance had been filed. The filing dated October 12, 2026, followed the immediate commencement of crucial palliative works on the highway.
With the traffic congestion that sparked the initial complaint easing significantly, the plaintiff urged the court to strike out the case. Legal teams representing all defendants offered no opposition to the application.
Defendants and Legal Representation in Court
The lawsuit brought intense scrutiny to the management of the major South-South and South-East corridor. The Attorney-General of the Federation and the Minister of Works were listed as the second and third defendants in the legal challenge.
Government defendants secured representation through senior advocate A. A. Raji, while the private concessionaire relied on a legal team led by renowned legal luminary Wole Olanipekun, SAN, to defend its operational record.
Reliefs Sought Versus Concessionaire Actions
When SPI-LAW instituted the action on September 11, 2026, the organisation demanded sweeping interventions. Their reliefs included the complete termination of the concession agreement and federal takeover of the road.
Despite these early demands, the Benin-Asaba Expressway Concession Company Limited consistently rejected allegations of inaction, maintaining that palliative operations continued uninterrupted to improve vehicular movement.
Impact on Regional Commerce and Reconstruction
The strategic highway serves as a vital economic artery connecting businesses, agricultural producers, and markets across different regions. Its smooth operation remains essential for regional commercial activities.
With the legal obstacle successfully cleared, the private concessionaire can now focus entirely on implementing its ongoing reconstruction programme without any pending litigation hanging over the infrastructure project.
Frequently Asked Questions
Why was the Benin-Asaba Expressway suit struck out?
The Federal High Court in Abuja struck out the suit after the Society of Public Interest Lawyers in Nigeria filed a notice of discontinuance because remedial works eased traffic congestion.
Who is the concessionaire handling the expressway?
The Benin-Asaba Expressway Concession Company Limited is responsible for managing remedial works and reconstruction on the strategic highway.
What specific reliefs did the plaintiff initially seek?
The plaintiff sought the cancellation of the concession agreement, immediate federal takeover of the road, and urgent rehabilitation of damaged sections.
Who represented the concessionaire in court?
The legal team representing the private concessionaire during the Federal High Court proceedings was led by Wole Olanipekun, SAN.
