Given the worsening condition of public highways in Nigeria, foisting all forms of hardships and insecurity, 19 legal practitioners, have filed a fundamental rights enforcement action against the Federal Government, the Attorney-General of the Federation  (AGF), and the Minister of Works.

The lawyers are: Samuel Odoh, Abdulraham Abdulkadir, Samuel Ihensekhien, Emmanuel Onyia, Lilian Okenwa, Lauretta Ikwuka, Felix Uzoma, James Irogbo, Vincent Adodo, Kazeem Adewale, Ikedi Abonyi, Godspower Eroga, Obi Ajuluchukwu, Emmanuel Ekpuda, Blessing Esinwoke, Cyril Ede, Alfred Ogunli, Uzoma Aneto, and Theophilus Akinsanmi.

The plaintiffs approached the Federal High Court Warri Division for themselves and on behalf of the generality of Nigerians who ply federal highways in Nigeria asking the court to grant the following reliefs:

“A declaration that the reckless abandonment of the bad portions on the Benin-Warri trunk A Federal Highway (particularly the deteriorated axis from Oghara to the Interchange in Benin City) by the Respondents is unconstitutional, unlawful and therefore amounts to a clear violation and infringement of the fundamental rights of the applicants and Nigerians to freedom of movement as guaranteed under the provisions of Article 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Section 41 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

“A declaration that the reckless abandonment of the bad portions on the Benin-Warri trunk A Federal Highway (particularly the Ologbo Axis) by the respondents and which bad state occasioned accidents on that axis, and the death of more than 10 motorists and commuters in the inferno that was caused by a fallen fuel tanker on the road; is unlawful and therefore amounts to a clear violation and infringement of the fundamental right to life and human dignity of the applicants and the Nigerians that died in the inferno as guaranteed under the provisions of Article 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act and Section 33(1) & 34(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

“An order of mandamus compelling the respondents to effect immediate rehabilitation and reconstruction work on all the bad portions of the Benin-Warri Trunk “A” Federal Highway to quickly avert the avoidable frequent loss of lives and properties of Nigerians on the Highway.

“An order compelling the respondents to verify the number of lives that were lost and properties destroyed in the Ologbo inferno that occurred on 1st October 2023 at the Ologbo axis of the Benin-Warri Federal Highway, for the purpose of adequately compensating the families of the victims”.

Lead counsel in the matter, Kunle Edun, equally asked the court to grant “an order compelling the respondents to undertake and insure the lives of Nigerians that ply any of the Federal Highways in Nigeria with reputable insurance companies against any future accident and destruction of their properties, that may be caused by bad Federal Highways.”

Also, the applicants have asked the court to make an order of directing the respondents to pay to the applicants the sum of N100, million as general, punitive and exemplary damages for the flagrant and reckless deprivation of the applicants of their fundamental rights to life, human dignity and freedom of movement”.

The grounds upon which the application was brought include:

“The applicants’ rights to life, human dignity and to freedom of movement as guaranteed by Sections 3391),  34 (1) and Section 41 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and Article 12 of the African Charter on Human and Peoples’ Rights being and still being breached by the  respondents.

“That the respondents long and reckless abandonment of maintenance work on the bad portions of the Benin-Warri Trunk “A” Road have led to the death of many commuters, destruction of vehicles and other properties, and many times the  abduction and robbing of commuters on the said road.”

No date has been fixed for hearing the matter.