FG launches emergency rescue of Benin–Asaba road, but concession questions linger

“We are determined to address the failed sections and, thereafter, provide a durable solution that will serve Nigerians for many years.” Umahi

"Under the arrangement, the Federal Ministry of Works is deploying equipment and personnel through direct implementation and hired equipment to address critically failed portions of the highway."

..... However, the emergency intervention has also thrown up fresh questions over the future of the road concession, the legal status of the concessionaire, funding responsibility and the sustainability of repairs being undertaken by the Federal Government on an asset that had previously been concessioned to a private company."

By Our Correspondent

The Federal Government has commenced an emergency intervention on the 125-kilometre Benin–Asaba Expressway, seeking to restore traffic flow and ease the hardship faced by motorists following the prolonged deterioration of the strategic highway.

The intervention, tagged “Operation Rescue Benin–Asaba Expressway,” was inaugurated in Benin City, Edo State, on Thursday by the Minister of Works, Engr. David Umahi.

Under the arrangement, the Federal Ministry of Works is deploying equipment and personnel through direct implementation and hired equipment to address critically failed portions of the highway.

However, the emergency intervention has also thrown up fresh questions over the future of the road concession, the legal status of the concessionaire, funding responsibility and the sustainability of repairs being undertaken by the Federal Government on an asset that had previously been concessioned to a private company.

The Benin–Asaba Highway runs from AIF Roundabout in Benin City to Summit Junction in Asaba, Delta State, and is a major transportation artery linking the South-South with other parts of the country.

The road was concessioned under the Federal Government’s Highway Development and Management Initiative, with the concession agreement providing for private-sector financing, reconstruction, operation and management of the corridor.

The concession arrangement had been presented as a means of delivering the rehabilitation and expansion of the road without direct government funding for project execution. Public records show that the Federal Executive Council approved the concession in January 2023, while the agreement was signed in May 2023 and the project formally handed over to the concessionaire in March 2025.

But barely months into implementation, the project became the subject of mounting criticism over the condition of the highway and the pace and quality of construction.

The Ministry of Works has since accused the Benin–Asaba Expressway Concession Company, BAECC, of failing to comply with engineering standards and directives, while the Independent Engineer, Yolas Consultants Limited, reportedly identified deficiencies involving pavement quality, drainage and traffic management.

The Minister had, in August, expressed strong dissatisfaction with the concessionaire’s performance and moved to have it removed from the project.

The Federal Government subsequently indicated that it was exploring termination of the concession, with the Federal Controller of Works in Edo State, Engr. Babatunde Tajudeen, stating in September that the government was considering measures to restore the highway following alleged breaches of the concession agreement.

Umahi had also directed that the Independent Engineer measure the work executed by the concessionaire, excluding what the Ministry described as “negative work,” while calling for the removal of the concessionaire from the project site within the limits of government’s rights.

Despite these developments, the legal and contractual status of the concession remains an important issue as the Federal Government moves ahead with direct emergency works.

It is against this background that the latest Operation Rescue raises a number of questions: who ultimately bears responsibility for the cost of the emergency works; how will the government recover public expenditure if the concession is eventually terminated; what happens to the concessionaire’s existing investment and contractual rights; and what mechanism will prevent another contractor from repeating the problems that triggered the current intervention?

These questions are particularly important because the emergency works are being presented as an immediate response rather than a new contract.

Umahi stressed this distinction at the inauguration, saying: “This is not a new contract but an immediate solution to the plight of road users.”

He said the intervention was necessitated by the urgent need to save motorists and communities along the corridor from further hardship, while providing a sustainable engineering solution to the failed portions of the road.

According to him, the Federal Government could not allow the condition of a major national artery to continue to undermine economic activities, movement of people and goods, and the safety of road users.

He said the Ministry’s immediate objective was to restore movement, address the failed sections and subsequently provide a durable engineering solution.

The Minister maintained that the intervention was driven by public interest and the need to ensure that Nigerians did not continue to bear the consequences of the deteriorating infrastructure.

“We are determined to address the failed sections and, thereafter, provide a durable solution that will serve Nigerians for many years,” he said.

The viability of the emergency intervention, however, will depend significantly on the quality of engineering works deployed, the competence of the contractors and the Ministry’s ability to maintain traffic management while construction is ongoing.

The issue is particularly significant given that the Ministry itself had previously raised concerns about engineering methodology on the corridor.

In August, Umahi accused BAECC of removing existing asphalt and failing to comply with engineering directives, while the project consultant’s representative reportedly said the concessionaire had been advised to prioritise drainage works before proceeding with other aspects of the project.

The Federal Government must therefore demonstrate that the emergency intervention will not amount merely to another round of palliative repairs on a structurally compromised corridor.

Rather, motorists and host communities would expect the Ministry to clearly establish the failed locations, specify the engineering solutions being deployed, disclose the contractors or firms engaged, indicate the funding mechanism and publish measurable timelines for restoring the affected sections.

The intervention also comes amid continuing legal questions surrounding the concession.

On September 11, the Society of Public Interest Lawyers in Nigeria reportedly filed a suit at the Federal High Court in Abuja against the Federal Government and the concessionaire, seeking termination of the concession agreement and urgent repairs to damaged portions of the highway.

This means that while the Federal Government is now taking direct steps to restore the road, the broader contractual dispute surrounding the concession remains relevant to the long-term future of the corridor.

The government had earlier signalled its intention to terminate or review the concession arrangement, but the commencement of emergency works does not, by itself, resolve the underlying contractual issues.

For road users, the immediate concern remains getting the highway back into safe and functional condition. For the Federal Government, however, the challenge extends beyond clearing failed sections.

It must also establish a clear transition framework that answers what happens to the concession, who will ultimately execute the full reconstruction, how the work will be financed and how responsibility for any losses or liabilities arising from the failed arrangement will be determined.

Meanwhile, Umahi appealed to motorists to cooperate with officials and traffic-management personnel as the emergency works commence.

He urged motorists to exercise patience, observe traffic directives and drive cautiously around active construction zones.

The Minister also commended President Bola Ahmed Tinubu for what he described as concern for the welfare of citizens, reiterating the Ministry’s commitment to restoring the road to a safe, functional and durable condition.

Edo State Governor, Senator Monday Okpebholo, had earlier demonstrated concern over the deteriorating road following the August protest by motorists and residents. He dispatched his Chief of Staff to appeal for calm and assure affected communities of remedial action.

Speaking at the inauguration, the governor appreciated President Tinubu for the intervention and commended the Works Minister for his efforts toward addressing the road crisis.

The Delta State Governor, Sheriff Oborevwori, represented by his Deputy, Charles Aniagwu, also welcomed the intervention, describing it as a needed response to the plight of residents and other road users.

A representative of the Managing Director of the Niger Delta Development Commission similarly commended the Federal Government for its response and the Minister for his attention to the welfare of residents of the region.

Earlier, the Edo State Governor’s Special Adviser on Project Implementation and Monitoring, Engr. Phoebe William Bello, described the intervention as timely, noting that the Benin–Asaba corridor was critical to transportation, commerce and trade between Edo, Delta and other parts of the country.

The ceremony was attended by government officials, lawmakers, traditional and community leaders, transport stakeholders and other representatives of affected communities.

With Operation Rescue now underway, attention will increasingly shift from the announcement of the intervention to its execution.

The central test will be whether the Federal Government can restore the failed sections quickly without compromising engineering standards, while simultaneously resolving the unresolved concession arrangement and establishing a credible long-term financing and management structure for the 125-kilometre corridor.