Nigeria Govt to Invoke Law of Necessity Over Benin–Asaba Road Concession …Says Public Interest Overrides Prolonged Deterioration

Nigeria Govt to Invoke Law of Necessity Over Benin–Asaba Road Concession

…Says Public Interest Overrides Prolonged Deterioration

By Our Reporter

Benin (Core Reporters) — The Federal Government of Nigeria has warned that it may invoke the law of necessity to compel intervention on the deteriorating Benin–Asaba Road if the concessionaire fails to urgently rehabilitate the critical route.

The Honourable Minister of Works, Senator Engr. David Umahi, gave the assurance on Friday, August 28, 2026, during an inspection of Phase 2B of the Second Niger Bridge at the Nkwerre–Ezunaka section of the Onitsha–Enugu Expressway.

Umahi explained that the Federal Government inherited the concession agreement with Africa Plus Partners Ltd from the previous administration, stressing that the Tinubu administration was committed to respecting due process and existing contractual obligations.

However, he said the agreement could not take precedence over the overriding public interest, particularly when road users continued to suffer from the poor condition of the Benin–Asaba route.

“Our hands are tied by the concession agreement that was entered before this administration. But overriding public interest is such that we are watching them, and if this suffering continues, we’ll invoke the law of necessity for overriding public interest,” the Minister said.

He disclosed that the Ministry of Works had already notified the concessionaire of its default and was exploring available legal options to address the situation.

According to him, the Federal Government had initially assembled about seven contractors and offered them the opportunity to intervene on the road at no cost to the concessionaire.

He said the concessionaire, however, rejected the arrangement and insisted on carrying out the rehabilitation itself.

“They say, ‘No, we will fix it.’ So if we had said no, then they will now go and start earning money from federation account, which has been our fear. So we are watching them. We’ve left them. Let them fix the road,” Umahi explained.

The Minister said the government was closely monitoring the concessionaire’s performance, adding that the Federal Government would not allow contractual arrangements to become an excuse for prolonged hardship to Nigerians and road users.

Umahi also dismissed claims that the condition of the Benin–Asaba Road amounted to evidence of marginalisation of the Southeast, citing several major road projects being undertaken by the Tinubu administration along the Lagos–Southeast corridor.

He noted that the completion of the Lagos–Ibadan Expressway had significantly improved connectivity from Lagos towards the Southeast.

The Minister also highlighted the rehabilitation of a 48-kilometre section leading towards Ore, explaining that President Bola Ahmed Tinubu had directed the use of concrete pavement because of the difficult condition of the route.

According to him, one carriageway of the 48-kilometre section has been completed, while work is progressing on the second carriageway. Solar lighting and tree planting are also being introduced as part of the broader improvement of the corridor.

Before addressing the road concession, Umahi expressed confidence in President Tinubu’s prospects ahead of the 2027 presidential election, saying the administration’s infrastructure investments and growing engagement with the Southeast were strengthening its political support.

“President Bola Tinubu GCFR, is going to win the 2027 election. He’s going to win,” Umahi said, expressing particular confidence in the President’s growing political standing in Anambra State.

He pointed to the performance of progressive candidates in the state’s recent off-cycle elections as an indication of what he described as increasing acceptance of the Tinubu administration and its policies.