Benin-Asaba Highway: Senior Lawyer Cautions against Unilateral Revocation of 25-year Concession
FG orders immediate intervention, re-concessioning Felix Omoh-Asun in Benin City Senior Advocate of Nigeria (SAN), Abiodun Olatunji, has cautioned the federal government against recent pronouncements and actions concerning the state of
Abiodun Olatunji, a Senior Advocate of Nigeria (SAN), has advised the federal government to exercise caution before revoking the concession agreement governing the Benin-Asaba Expressway. Olatunji argued that the absence of proof of abandonment, repudiation, or unreasonable delay in repair works may not be sufficient grounds for unilateral revocation of the 25-year concession.
He emphasized that the Minister of Works does not have the authority to revoke the concession at will, as the contracting party is the federal government through the ministry. Olatunji's legal opinion was based on a review of the Concession Agreement and the relevant contractual and legal implications. He noted that while deteriorating road conditions justify urgent intervention, they may not provide a legal basis for revoking the concession.
President Bola Tinubu has ordered an emergency intervention on the 125-kilometre highway, citing worsening deterioration, severe gridlock, and prolonged delays experienced by motorists and communities. The concession was awarded to the Benin-Asaba Expressway Concession Company Limited (BAECC) under a Public-Private Partnership arrangement, with expectations that the road would be completed within three years.
Written by urgent.news from This Day's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
