The Management of BUA Group has challenged Ms Hadiza Bala Usman to specify clause violated by the group to warrant termination of their port concession agreement with the Nigerian Ports Authority (NPA).
Usman is the Special Adviser to President Bola Tinubu on Policy Coordination, and one time Managing Director of NPA, during former President Muhammadu Buhari’s regime.
The group was responding to Usman’s claims justifying the abrogation of the concession.
This is contained in a statement by the BUA group in Abuja on Sunday.
BUA in the statement questioned the special adviser’s decision to ignore court judgements on the issue and the arbitration process initiated by former President Muhammadu Buhari.
The group while noting that Tinubu had further consolidated on due process rejected by Usman while she served as NPA MD, also said that the present administration’s inclination to due process had further restricted the kind of arbitrariness that the aide exhibited in her assertions and actions as NPA MD.
“In her comments, she accused BUA Group and our Chairman, AbdulSamad Rabiu, of breaching a concession agreement and distorting facts.
“BUA entered into a valid long lease agreement in 2006 with the NPA to rehabilitate and operate Terminal B at Rivers Port in Port Harcourt, Rivers.
“Long before Ms Usman’s appointment, BUA had begun formal engagement with the NPA to address outstanding remedial works and infrastructural deficiencies. These discussions were near conclusion when she assumed office.
“Rather than build on that process, she ignored BUA’s requests and obligations under the agreement.
“In 2016, BUA wrote to the NPA under Article 8.4 of the lease, mandating concessionaires to report environmental and safety concerns and to seek approval for remedial works.
“Rather than act constructively, she used that letter as a pretext to issue a termination notice and summarily shut down the terminal, without providing any prior warning, consultation or invoking the dispute resolution clause,” the company said.
The group noted that these lapses were significant impediments to BUA’s operations and, as a result, led to disputes between the parties.
“After the unlawful termination, BUA approached the Federal High Court, which promptly granted an injunction restraining the NPA from proceeding with termination.
“The NPA itself then referred the dispute to arbitration, as stipulated in Section 17.3 of the agreement, which clearly states: Any dispute, controversy or claim, shall be exclusively and finally settled pursuant to the dispute resolution process prescribed in this Article.”
“In spite of this, Usman, against the advice of her agency, unilaterally decommissioned the berths, thereby violating both the agreement and a court injunction
“To be clear, the concession agreement granted her no such power to decommission. If she believes otherwise, we invite her to publicly cite the specific clause that authorises this action.
“To further compound the illegality, BUA after providing the guarantees and indemnities requested by the NPA, was permitted to resume operations briefly.
“Merely three weeks later, the terminal was again shut down. This left no doubt that her actions were motivated not by due process, but by personal animosity and abuse of office.
“BUA subsequently filed contempt proceedings and was looking at estimated losses in excess of $10 million. These proceedings were only withdrawn out of respect for national interest and following the intervention of well-meaning Nigerians within and outside the government,” the group added.
The group, however, lauded the Tinubu-led administration saying that the culture of impunity had been significantly curtailed under his leadership, as many were aware they could be dismissed or imprisoned if they abused their positions.
The BUA group also said that following Usman’s removal from office, the NPA, under a new leadership, implemented the AGF’s position.
“In 2022, BUA was granted formal approval to resume reconstruction works. The contract was awarded to TREVI, and BUA has since invested over $65 million; entirely self-funded and with no recourse to public funds or subsidies.
“Work is ongoing and completion is expected in the first quarter of 2026,” BUA further said.
