SAN Warns FG to Follow Concession Terms in Benin-Asaba Expressway Dispute

A Senior Advocate of Nigeria has cautioned the Federal Government against unilaterally revoking the 25-year Benin-Asaba Expressway concession. The legal opinion says any action must follow the agreement’s provisions on default, cure periods, emergency step-in rights, termination and compensation. The opinion acknowledges that the road’s poor condition and prolonged gridlock may require urgent intervention to protect motorists. However, it argues that emergency repairs should not automatically amount to a permanent takeover or removal of the concessionaire without a lawful contractual process. The dispute follows complaints over worsening conditions on the 125-kilometre corridor linking Benin City and Asaba. While the Ministry of Works alleges breaches by the concession company, the firm says reconstruction is ongoing and cites heavy rainfall, traffic pressure and the difficulty of working while keeping the road open. The outcome could affect road users, businesses and investors in major public-private infrastructure projects, as the Federal Government seeks to restore the highway without breaching its concession obligations.

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