With the worsening condition of roads in Nigeria, a situation that has cut down lives, impoverished millions and enriched kidnappers and other armed bands, a group of 19 legal practitioners —Samuel Odoh, Abdulraham Abdulkadir, Samuel Ihensekhien, Emmanuel Onyia, Lauretta Ikwuka, Felix Uzoma, James Irogbo, Vincent Adodo, Kazeem Adewale, Godspower Eroga, Obi Ajuluchukwu, Emmanuel Ekpuda, Blessing Esinwoke, Cyril Ede, Lilian Okenwa, Alfred Ogunli, Ikedi Abonyi, Uzoma Aneto, and Theophilus Akinsanmi, have filed a fundamental rights enforcement action against the Federal Government of Nigeria, the Attorney General of the Federation, and the Minister of Works.
The plank of the action filed by the plaintiffs at the Federal High Court in Warri for themselves and on behalf of Nigerians who ply federal highways in Nigeria is for the following:
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 Esq. has also asked the court to make “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.”
Again the applicants have asked the court to make an order of directing the Respondents to pay to the Applicants the sum of One Hundred Million Naira (N100, 000, 000.00) 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 have been and are still being breached by the Respondent.
“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.”
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