Nigerias trillion-naira coastal highway sparks legal and environmental disputes

by Mika Ogata • 11 hours ago

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Aerial perspective showcasing modern urban architecture in Lagos, Nigeria.
Aerial perspective showcasing modern urban architecture in Lagos, Nigeria. Photo: Ben Iwara/Pexels

The Lagos-Calabar Coastal Highway, a 700-kilometer superhighway connecting nine Nigerian coastal states, finally entered construction in March 2024 after decades of postponement. Initially proposed in 1955 by then-Finance Minister Festus Okotie-Eboh, the project now carries a N15.36 trillion valuation under a Public-Private Partnership (PPP) managed by the Federal Ministry of Works. The route extends from Victoria Island, Lagos, through Ogun, Ondo, Edo, Delta, Bayelsa, Rivers, and Akwa Ibom, before terminating in Calabar, Cross River State. Phase 1, handed to Hitech Construction Company Ltd under an EPC+F (Engineering, Procurement, Construction, and Financing) framework, features a 10-lane concrete road with a built-in rail corridor. Early sections near Lagos-47.47 kilometers-were partially opened by late 2025, reducing congestion on the Eti-Osa and Ibeju-Lekki corridors.

Despite its scale, the project has triggered legal disputes over land rights, procurement transparency, and environmental compliance. By shortening transit times, it could stimulate trade between Lagos and Calabar, benefiting rural communities along the route. The design includes underground drainage and flood gates, which may help address coastal erosion, a persistent issue in the region.

However, residents near Lagos have reported stagnant water traps in newly constructed canals, raising concerns about long-term durability. The project’s legal and ethical challenges overshadow its potential advantages. Compulsory land acquisition, permitted under Section 44(1) of the Constitution, may result in forced evictions, with property owners potentially alleging inadequate compensation. Critics highlight Section 29 of the Land Use Act (1978), which requires fair market value for seized land.

The Public Procurement Act (2007) requires competitive bidding, but it is alleged that the contract was awarded directly to Hitech Construction, potentially bypassing open tender procedures. Civil society organizations have threatened legal action, alleging that the decision may violate fiscal accountability and equal opportunity principles. Construction began before completing Environmental and Social Impact Assessments (ESIAs), violating the 1992 EIA Act. Wetlands and mangrove forests along the route-essential for biodiversity-remain unprotected. The Ministry of Works has withheld EIA reports, invoking Freedom of Information Act (2011) exemptions, though human rights groups warn of impending litigation over transparency deficiencies. Route adjustments have intensified legal conflicts, particularly in states where the corridor was realigned without prior consultation.

Under the Land Use Act (1978), route modifications require due process, including public hearings and state government approval. Reports indicate that in Delta and Bayelsa States, the Federal Ministry of Works unilaterally shifted alignments to bypass communities or accommodate private landholders. These changes have led to court petitions, arguing violations of Section 15 of the Land Use Act, which mandates joint federal-state approval for cross-jurisdictional projects.

Controversially, some realigned segments appear to have been diverted to lands previously allocated to private developers or political associates, rather than following the original plan. The Surveyor-General of the Federation has been accused of issuing setback notices over existing private holdings, including residential and commercial properties. Legal experts cite Section 31 of the Land Use Act, which prohibits arbitrary setbacks without technical feasibility studies.

Without such studies, the diversions may be challenged as unconstitutional takings under Section 44(2), which permits acquisitions only for direct public use, not speculative real estate. Courts in Lagos and Rivers States have issued interim injunctions halting construction on disputed sections pending resolution. The National Human Rights Commission (NHRC) has intervened, warning that the diversions may violate economic and social rights under the African Charter on Human and Peoples’ Rights, to which Nigeria is a signatory. The commission has demanded a publicly audited list of all land transactions tied to the project, including transfers to third parties, to verify compliance with transparency laws.

The highway’s integrated rail reserve-a 10-meter-wide central strip for future railway tracks-has been praised for aligning with Nigeria’s National Rail Master Plan (2020). It is designed to support a dual-mode transport corridor, potentially enabling a high-speed rail link between Lagos and Calabar, as previously proposed under the Obasanjo administration’s 2014 rail revival plan.

However, the Nigeria Railway Corporation has not yet issued a formal request for proposals (RFP) for the rail component, raising doubts about whether the reserve will advance beyond planning. Phase 2, covering the Ondo to Delta stretch (210 kilometers), is set for tender in 2027, pending approval from the Federal Executive Council. The Public Procurement Act (2007) requires open competitive bidding, with at least three prequalified contractors submitting proposals.

Legal experts caution that any deviation-such as another single-source award-could trigger further litigation under Section 12 of the PPA, which mandates value-for-money assessments in public contracts. The Budget Office of the Federation has already flagged concerns about budgetary overruns in Phase 1, citing N2.1 trillion in unallocated contingency funds spent on land acquisitions and drainage modifications. The Ministry of Works has released a draft Environmental Management Plan (EMP) for the remaining 480 kilometers, outlining measures to mitigate damage to wetlands and mangroves. The plan includes bioengineering solutions, such as coconut log breakwaters and artificial reefs, to offset habitat loss. Environmental groups argue the EMP lacks enforceability without a finalized EIA, as required by Section 5 of the EIA Act (1992).

The Niger Delta Development Commission (NDDC) has also requested a separate socio-economic impact study for the Bayelsa and Rivers State segments, citing the region’s unique ecological vulnerabilities. The next critical checkpoint is the 2026 mid-term review by the Federal Ministry of Environment, which will evaluate compliance with National Environmental Standards and Regulations Enforcement Agency (NESREA) guidelines.

Failure to meet these standards could lead to suspension orders under Section 20 of the EIA Act, potentially delaying Phase 2 indefinitely. For now, construction continues under temporary environmental permits, with no penalties for ongoing violations. Coastal communities-both those gaining from new trade routes and those displaced by forced acquisitions-remain watchful. The highway’s legacy will hinge less on its concrete and steel than on how well Nigeria’s laws are enforced throughout the process.

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