Business
Benin-Asaba Road: Legal Questions Emerge Over FG’s Emergency Intervention
A legal opinion by Senior Advocate of Nigeria (SAN), Abiodun Olatunji, has raised questions about how far the Federal Government can go in taking over emergency works on the Benin-Asaba Expressway without first following the procedures contained in the road’s 25-year concession agreement.
Olatunji said the deteriorating condition of the 125-kilometre highway could justify urgent government intervention to protect motorists, but argued that emergency action should not automatically be treated as a termination of the concession.
His intervention comes as the Federal Government moves to deploy contractors to critical sections of the highway following prolonged traffic gridlock and concerns over the condition of the road.
The Federal Ministry of Works said earlier this month that the situation had reached a point where public interest should take precedence over the existing concession arrangement and ordered emergency intervention along the corridor.
What the legal opinion says
Olatunji was asked to examine the legal issues surrounding the concession, including the dispute between the Federal Ministry of Works and the Benin-Asaba Expressway Concession Company Limited (BAECC).
His review considered the Government’s intervention powers, circumstances that could lead to termination, emergency step-in rights and the contractual safeguards available to both parties.
However, he stressed that his conclusions were based on documents made available to him, including a summary of the concession agreement, rather than the complete contractual documentation.
The lawyer said the full agreement would need to be examined, particularly provisions dealing with default, cure periods, step-in rights, termination, compensation and lender protections.
According to Olatunji, the contracting party is the Federal Government, acting through the appropriate ministry, rather than the Minister of Works personally.
He therefore argued that the concession cannot simply be revoked through an administrative pronouncement without regard to the procedures and rights established under the agreement.
Emergency repairs are different from ending the concession
One of the central issues raised in the legal opinion is the distinction between emergency intervention and termination of the concession.
Olatunji said the condition of the road could justify immediate and proportionate action where motorists and the public face danger.
Where the concession agreement provides step-in rights, he said, the Government may be able to intervene to deal with an immediate threat while leaving the underlying contractual arrangement intact.
This means emergency repairs and the broader dispute over who should ultimately control and complete the project do not necessarily have to be treated as the same legal question.
The distinction is significant because the Federal Government has now moved to bring contractors onto the road while the future of the concession remains under dispute.
Why the concession is under pressure
The Benin-Asaba Expressway has become a major source of concern for motorists after sections of the road deteriorated and prolonged traffic congestion affected travellers along the corridor.
At a stakeholders’ meeting in Benin in August, Works Minister David Umahi criticised the concessionaire’s handling of the project and called for measures to address the hardship experienced by road users.
The ministry has also said the road suffered from deficiencies involving pavement quality, drainage and traffic management.
The Federal Government subsequently moved towards emergency intervention, with the Works Ministry saying contractors would be deployed to failed sections of the road.
The government’s position has been that restoring the road and protecting motorists cannot be delayed by the ongoing disagreement over the concession.
But can the concession simply be cancelled?
Olatunji’s opinion introduces a separate legal question: whether the problems on the highway, however serious, automatically give the Federal Government grounds to terminate the concession unilaterally.
He said allegations of abandonment, repudiation or total failure of performance would need to be considered against the actual provisions of the concession agreement.
The lawyer also noted that evidence of ongoing construction activities could make a claim of complete abandonment more difficult to establish.
BAECC has previously disputed suggestions that it abandoned the project, pointing to construction activities along sections of the highway and citing factors including heavy rainfall, traffic volumes and the difficulty of reconstructing a major road while keeping it open to motorists.
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What the contract could require
Olatunji said a permanent takeover, removal of the concessionaire, redesign of the project or appointment of replacement contractors could go beyond a limited emergency intervention.
Depending on the terms of the full agreement, he said, such actions could require mechanisms such as a negotiated amendment, a valid change in scope, a termination-for-convenience provision with compensation, or a properly executed termination process based on default.
He also cautioned that broad public-interest considerations, by themselves, may not automatically extinguish contractual rights.
Those rights could include compensation, opportunities to remedy alleged breaches and protections for lenders involved in financing the project.
A wider test for Nigeria’s road concessions
The dispute extends beyond one highway because the Benin-Asaba project is part of the Federal Government’s Highway Development and Management Initiative (HDMI), which uses public-private partnerships to attract private capital and technical expertise to federal road infrastructure.
A 2026 transport-sector study prepared for the Japan International Cooperation Agency lists the 125km Benin-Asaba concession as a 25-year arrangement running from May 2023 to May 2048 and records the project as being under implementation.
The outcome of the dispute could therefore have implications for how future disagreements between government and private concessionaires are handled.
For investors, lenders and companies involved in infrastructure concessions, the issue is not only whether a particular road is performing adequately but also how contractual rights are treated when a public infrastructure project runs into serious difficulties.
The road users’ immediate concern
For motorists, however, the immediate issue remains the condition of the highway.
The Benin-Asaba route links Benin City in Edo State with Asaba in Delta State and serves as an important corridor for passengers, commercial vehicles and the movement of goods.
The Federal Government has said emergency intervention is necessary to restore movement, while the legal opinion suggests that such intervention should be carefully distinguished from any decision to permanently terminate the concession.
That leaves two issues to be resolved: how quickly the road can be made safe and passable, and how the contractual dispute between the government and concessionaire is ultimately settled.
For now, Olatunji’s position is that urgent repairs and enforcement of contractual rights can coexist, provided government action remains within the powers and procedures established by the concession agreement.
Business
Lekki Free Trade Zone: Customs Targets Cargo Delays With Single-Window Reforms
The Nigeria Customs Service plans to reduce cargo clearance delays and duplicated compliance checks at the Lekki Free Trade Zone as its new acting area controller, Deputy Comptroller Olufemi Kukoyi, sets out measures aimed at improving trade efficiency and revenue collection.
Kukoyi said the Lekki Free Trade Zone Command would prioritise digital customs processes, a single-window system and a post-clearance review mechanism to make procedures more predictable for businesses while maintaining enforcement against smuggling, false declarations and other violations.
The proposed changes could affect importers, exporters, logistics operators and manufacturers using the industrial and trade hub, where clearance delays and administrative procedures can add to the cost of moving goods.
However, the extent to which the plans will shorten clearance times or reduce business costs will depend on their implementation and how effectively Customs coordinates with other regulatory agencies.
Customs targets repeated checks on cleared cargo
One of Kukoyi’s priorities is the full operationalisation of the One-Stop-Shop (OSS) Post-Clearance Mechanism, which is intended to streamline the handling of transactions flagged for further compliance checks after cargo has been released.
Under the proposed arrangement, cases involving valuation, classification and other compliance concerns would be referred to the designated mechanism for comprehensive review and resolution, rather than facing multiple alerts or interventions along the corridor.
Kukoyi said the approach would help prevent legitimate trade from being unnecessarily disrupted while allowing Customs to address potential compliance breaches.
For businesses, the intended benefit is greater certainty over cargo movement and fewer repeated interventions. The actual impact will depend on how consistently the mechanism is applied and how quickly flagged cases are resolved.
Digital reforms to support faster clearance
The Acting Controller also identified the National Single Window Project as a key part of the Command’s trade facilitation agenda.
The Federal Government initiative is designed to connect relevant regulatory agencies through a digital platform, allowing traders to submit documentation and obtain approvals through a single point rather than navigating separate processes.
Kukoyi said the Command would support its full implementation, arguing that a more integrated system could reduce cargo dwell time, lower transaction costs and improve the competitiveness of the Lekki Free Trade Zone.
He also highlighted the B’Odogwu Unified Customs Management System and other information and communication technology initiatives as tools for improving operational efficiency, accelerating clearance, limiting revenue leakages and strengthening accountability.
The reforms are intended to align Customs operations with the Federal Government’s ease-of-doing-business agenda and the Presidential Enabling Business Environment Council (PEBEC).
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Revenue collection remains a priority
Alongside efforts to facilitate trade, Kukoyi said the Command would work to sustain revenue performance and strengthen enforcement against smuggling and false declarations.
He said the administration would build on the work of his predecessor, Comptroller Hauwa K. Abubakar, while promoting transparency, discipline and professionalism among officers.
The balance between faster clearance and effective enforcement will be important to the Command’s new approach. While businesses need predictable procedures, Customs must also ensure that import declarations, cargo valuations and other regulatory requirements are properly checked.
Kukoyi said the Command would deepen collaboration with stakeholders and sister government agencies, describing cooperation as essential to national security, economic growth and efficient trade operations.
What the new leadership expects from officers
Kukoyi urged officers and men of the Command to uphold integrity and professionalism, warning against compromise and unprofessional conduct.
He said achieving the Command’s objectives would require collective commitment from personnel, stakeholders and partner agencies.
The Acting Controller also thanked Comptroller-General of Customs Bashir Adewale Adeniyi for the confidence placed in him. He said his administration would align with the Comptroller-General’s policy direction of Consolidation, Collaboration and Innovation.
He commended Abubakar for laying what he described as a solid foundation in revenue generation, trade facilitation, enforcement and stakeholder management, and wished her a peaceful retirement.
Implementation will determine the impact
The announced priorities set out an agenda for improving cargo clearance, digital coordination and revenue collection at the Lekki Free Trade Zone Command.
For businesses, the key measures to watch will be whether the post-clearance mechanism reduces repeated interventions, whether digital platforms simplify documentation and approvals, and whether cargo processing becomes more predictable.
The Command has outlined its intentions, but measurable improvements in clearance times, compliance procedures and operating costs will be needed to establish the practical effect of the reforms.
Kukoyi’s administration is therefore entering a phase in which the delivery of its trade facilitation commitments will be as important as the policies themselves.
Business
Nigerians Abroad Face Currency Choices When Investing Savings Back Home
Nigerians living abroad who keep savings or plan future expenses in Nigeria may have another option for managing their money, as banks increasingly position diaspora banking services around investment, foreign currency savings and fixed deposits.
Fidelity Bank’s refreshed Diaspora Fixed Deposit proposition offers eligible customers the opportunity to place funds in naira, US dollars, British pounds or euros, with advertised annual returns of up to 12.5 per cent on eligible naira deposits and seven per cent on eligible US dollar deposits.
The offering comes as remittances remain an important source of foreign exchange and household support for Nigeria, raising questions about how some of the money sent into the country could also support longer-term financial planning.
Beyond sending money home
For many Nigerians living overseas, financial commitments in Nigeria extend beyond supporting relatives. They include saving towards property purchases, paying school fees, financing businesses and preparing for retirement.
These obligations can make it important to consider how money earmarked for future expenses is held between the time it arrives and when it is needed.
A fixed deposit allows a customer to place money with a bank for an agreed period in exchange for interest, subject to the product’s terms. Unlike ordinary savings accounts, access to the funds may be restricted or subject to conditions before the agreed maturity date.
The suitability of such an arrangement depends on when the customer expects to need the money, the currency of future expenses and the applicable interest rate.
What Fidelity Bank is offering
Under its refreshed diaspora proposition, Fidelity Bank says eligible customers can choose from four currencies: naira, US dollars, British pounds and euros.
Naira deposits are available for 30, 60, 90, 180 and 365 days, while dollar, pound and euro placements are available for 30, 60, 90 and 180 days.
The bank advertises returns of up to 12.5 per cent per annum on eligible naira deposits and up to seven per cent on eligible US dollar deposits. Actual rates depend on the approved deposit amount and tenor.
Rates for pound and euro placements are determined by the applicable deposit amount and tenor. The bank also says qualifying dollar deposits above $10 million may be subject to negotiated pricing, pending Treasury approval.
The advertised maximum rates should not be interpreted as guaranteed returns for every customer or deposit. Prospective customers would need to confirm the rate available for their placement, along with applicable charges, taxes and withdrawal conditions.
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Why currency choice matters
For Nigerians earning abroad but planning to spend in Nigeria, choosing the currency in which to save can be an important part of financial planning.
Someone preparing to pay for a property priced in naira may have different considerations from a customer saving in dollars for an overseas education expense or another foreign currency obligation.
Holding a deposit in a foreign currency does not automatically eliminate investment risk. Customers who eventually convert their money into naira may still be affected by exchange-rate movements, while returns and deposit terms differ across currencies.
A higher advertised naira interest rate, for example, does not by itself establish that a naira deposit will deliver a better overall outcome than a foreign currency deposit. The eventual result depends on the customer’s needs, applicable charges and changes in exchange rates.
For this reason, the currency of the future expense, rather than the headline interest rate alone, is an important consideration when comparing options.
Remittances create a wider financial opportunity
Money sent home by Nigerians abroad remains a major part of the country’s economic relationship with its diaspora.
The World Bank’s reported 2025 figures cited in the bank’s promotional material put personal remittances received by Nigeria at approximately $22.8 billion, equivalent to about 7.8 per cent of gross domestic product. The material also cites Central Bank of Nigeria data showing workers’ remittances of $5.24 billion in the third quarter of 2025.
These figures illustrate the scale of financial flows from Nigerians overseas. However, remittances used for food, healthcare, rent, education and other immediate household needs should be distinguished from money available for investment.
For households with surplus funds after meeting essential commitments, diaspora banking products may provide another option for organising savings around specific financial goals.
The broader opportunity for financial institutions is to offer services that address customers’ needs after money has been transferred, including account management, savings and investment planning.
Support for customers abroad
Fidelity Bank says its Diaspora Banking team assists eligible customers with enquiries, account opening, funding and fixed deposit placements.
Such support may be useful to customers managing financial affairs across different time zones or needing to complete banking procedures while living outside Nigeria.
However, prospective customers should confirm the required documentation, funding channels, applicable fees and the process for accessing funds at maturity before committing their money.
They should also establish whether the quoted interest rate is fixed for the full tenor, whether early liquidation is permitted and what happens if they need the funds before maturity.
What customers should check before investing
Before choosing a diaspora fixed deposit, Nigerians abroad should compare the effective return with their financial needs and the conditions attached to the product.
Key questions include:
– What interest rate applies to the specific amount and tenor?
– In which currency will the deposit and interest be paid?
– Are there account maintenance charges, transfer fees or applicable taxes?
– What happens if the customer needs to withdraw before maturity?
– How will exchange-rate movements affect the money if it must eventually be converted?
– What protections and applicable deposit insurance arrangements cover the placement?
Customers should obtain the bank’s current terms and conditions directly before making a decision.
The central consideration is not simply whether money can earn interest while it is held in Nigeria, but whether the chosen arrangement fits the purpose for which the money is being saved.
Fidelity Bank’s diaspora fixed deposit offering provides eligible Nigerians abroad with another option for managing funds earmarked for future use. Its value to individual customers will depend on the rate offered, the currency selected, the deposit terms and when the money is needed.
Rates are quoted per annum and are subject to applicable taxes, Treasury confirmation, market conditions, approval and the bank’s terms and conditions.
Business
Nigeria’s Businesses Urged to Plan Succession Beyond Founders
Nigerian entrepreneurs have been urged to plan for leadership transitions, strengthen business systems and invest in long-term value creation to ensure their enterprises survive beyond their founders.
The call was made at the fourth edition of Time Out With Kate, an entrepreneurship conference held under the theme “Building Transgenerational Businesses 4.0”, which focused on business continuity, responsible leadership and wealth creation across generations.
The conference challenged business owners to look beyond immediate profits and consider whether their enterprises have the structures, people and strategies needed to remain viable in the future.
Why many businesses need to think beyond their founders
The ability to establish a profitable business does not automatically guarantee its survival over the long term.
Businesses that depend heavily on their founders may face difficulties when leadership changes, particularly where responsibilities, management processes and succession arrangements have not been clearly established.
Discussions at the conference highlighted the importance of developing employees, creating effective business systems, honouring commitments and preparing for leadership transitions.
These measures can help enterprises preserve institutional knowledge, maintain operations and provide more stable employment as they grow.
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Seven principles for building lasting businesses
The conference was convened by Catherine Opeyemi Adesomoju, popularly known as Sister Kate, an entrepreneur, author, evangelist and managing director and chief executive of Spectrum Holdings.
Adesomoju, who has participated in executive programmes at Lagos Business School and Harvard Business School, emphasised the need for entrepreneurs to approach ownership as a responsibility that extends beyond possessing assets.
The conference identified seven pillars of ownership as essential to building resilient enterprises: vision, focus, discipline, learning, courage, integrity and value.
The principles point to the importance of setting clear business goals, maintaining consistent standards, adapting to economic changes and creating products and services that meet lasting needs.
For business owners, the emphasis on integrity and value also highlights the need to build trust with employees, customers, suppliers and other stakeholders.
Business succession and the wider economy
Planning for business continuity has implications beyond individual entrepreneurs and their families.
Enterprises that remain operational through leadership changes can help preserve jobs, sustain commercial relationships and retain skills and experience within the economy.
The conference also extended the conversation to employees, government and communities, stressing their shared responsibilities in promoting accountability, economic development and sustainable growth.
However, the press release did not provide data on the number of Nigerian businesses affected by succession challenges or evidence measuring the economic impact of the conference’s recommendations.
From entrepreneurship to institution-building
Since its launch in 2023, Time Out With Kate has provided a platform for entrepreneurship education, mentorship and discussions on purposeful leadership.
The fourth edition was powered by His Presence Foundation, with sponsorship support from itel Energy, Oraimo and Spectrum Innovation Technologies Limited.
Its central message was that building a successful enterprise requires more than generating revenue: business owners must also create structures and develop people capable of sustaining its operations over time.
For entrepreneurs seeking long-term growth, this means treating succession planning, leadership development and institutional stability as part of business strategy rather than issues to address only when a founder is preparing to leave.
The broader challenge is turning these principles into practical action, including documented succession plans, stronger governance structures and systems that allow businesses to function without depending entirely on one individual.
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