Umahi Warns On Possibility of Invoking "Law of Necessity" On Benin-Asaba Road Concession

"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." Umahi 

The Federal Government has warned that it may invoke the “law of necessity” to take over the rehabilitation of the deteriorating Benin-Asaba Road if the concessionaire fails to urgently address the deplorable condition of the major highway.

Minister of Works, Senator David Umahi, gave the warning on Friday while inspecting Phase 2B of the Second Niger Bridge at the Nkwerre-Ezunaka section of the Onitsha-Enugu Expressway.

Umahi said the Federal Government inherited the concession agreement with Africa Plus Partners Ltd from the previous administration, stressing that while the President Bola Tinubu administration was committed to respecting due process, public interest would remain paramount.

According to him, the concession agreement could not be allowed to perpetuate the suffering of motorists and other road users.

“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,” he said.

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

He said the government had initially assembled about seven contractors and offered them the opportunity to intervene in the rehabilitation of the road at no cost to the concessionaire.

However, according to Umahi, the concessionaire rejected the offer, insisting that it would rehabilitate the road 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,” he said.

Umahi said the government would continue to monitor developments, warning that the concession arrangement would not be permitted to undermine the interests of Nigerians.

The minister also dismissed claims that the condition of the Benin-Asaba Road reflected deliberate marginalisation of the South-East, citing ongoing federal road projects along the Lagos-South-East corridor.

He pointed to the Lagos-Ibadan Expressway and other major road interventions as evidence of the administration’s commitment to improving connectivity between the South-West and South-East.

He also disclosed that rehabilitation of a 48-kilometre section towards Ore was progressing, with one carriageway already completed and work ongoing on the second.

Umahi said President Tinubu had directed the use of concrete pavement on the section because of the challenging condition of the road. Solar lighting and tree planting, he added, were also being incorporated into the project.

The minister, who also spoke on the 2027 presidential election, expressed confidence that President Tinubu would secure re-election, citing the administration’s infrastructure projects and its growing political acceptance in the South-East.

“President Bola Tinubu, GCFR, is going to win the 2027 election. He’s going to win,” Umahi said.

He particularly referenced developments in Anambra State and the performance of progressive candidates in the state’s recent off-cycle elections as indications, in his assessment, of growing support for the administration.