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