BUA issues official response to Hadiza Bala Usman’s contractual breach allegations

Flouting Contractual Obligations, Defying Court Orders, and Disregarding Arbitration: The Facts Behind Hadiza Bala Usman's Abuse Of Office As NPA MD

We person taken enactment of caller nationalist statements made by Ms. Hadiza Bala Usman, the erstwhile Managing Director of the Nigerian Ports Authority (NPA), who was sacked from office. In her comments, she accused BUA Group and our Chairman, Abdul Samad Rabiu, of breaching a concession statement and distorting facts. These claims were made successful effect to our Chairman's interrogation and article, “Two Years of President Tinubu: A Business Perspective” (watch astatine https://bit.ly/pbatbua), which celebrated Nigeria's betterment trajectory and referenced anterior instances of arbitrary disruptions to concern operations, without naming anyone – a concern that has present been curtailed by President Tinubu's no-nonsense attack to bringing sanity and stableness to the concern situation successful Nigeria.

Ordinarily, we would not engage, but the distortions successful her effect necessitate this factual clarification, particularly arsenic they subordinate to her actions during her tenure arsenic MD of the NPA.

THE CONTRACT AND WHAT SHE OMITTED

BUA entered into a valid agelong lease statement successful 2006 with the NPA to rehabilitate and run Terminal B astatine Rivers Port successful Port Harcourt, Rivers State. Long earlier Ms. Usman's appointment, BUA had begun ceremonial engagement with the NPA to code outstanding remedial works and infrastructural deficiencies. These discussions were adjacent decision erstwhile she assumed office.

Rather than physique connected that process, Ms. Usman ignored BUA's requests and obligations nether the agreement. In 2016, BUA wrote to the NPA nether Article 8.4 of the lease, mandating concessionaires to study biology and information concerns and to question support for remedial works. Rather than enactment constructively, Ms. Usman utilized that missive arsenic a pretext to contented a termination announcement and summarily unopen down the terminal, without providing immoderate anterior warning, consultation, oregon invoking the quality solution clause.

She forgot oregon failed to disclose successful her effect that the NPA, nether her leadership, was itself successful worldly breach of halfway obligations including, failing to manus implicit captious portions of the port, leaving derelict robust ore connected the berths, failing to dredge oregon repair quay walls, and neglecting to supply mandatory security. These lapses were important impediments to BUA's operations and, arsenic a result, led to disputes betwixt the parties.

ILLEGALITY, CONTEMPT, AND DISREGARD FOR CONTRACTUAL MECHANISMS

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 past referred the quality to arbitration, arsenic stipulated successful Section 17.3 of the agreement, which intelligibly states:

“Any dispute, contention oregon claim... shall beryllium exclusively and yet settled pursuant to the quality solution process prescribed successful this Article.”

Despite this, Ms. Usman, against the proposal of her agency, unilaterally decommissioned the berths, thereby violating some the statement and a tribunal injunction. To beryllium clear, the concession statement granted her nary specified powerfulness to decommission. If she believes otherwise, we invitation her to publically mention the circumstantial clause that authorizes 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 3 weeks later, the terminal was again unopen down, this clip by Ms. Usman's instruction. This near nary uncertainty that her actions were motivated not by owed process, but by idiosyncratic animosity and maltreatment of office.

BUA subsequently filed contempt proceedings and was looking astatine estimated losses successful excess of $10 million. These proceedings were lone withdrawn retired of respect for nationalist involvement and pursuing the involution of well-meaning Nigerians wrong and extracurricular the government.

PRESIDENT BUHARI WAS NOT MISINFORMED—HE ACTED ON FACTS AND LAW

Ms. Usman's assertion that erstwhile President Muhammadu Buhari was “misinformed” erstwhile helium reversed her actions is false, disrespectful, and disingenuous.

Following a gathering that our Chairman had the privilege of holding with President Buhari successful 2018, helium presented the substance to the President, who past directed the Office of the Attorney General of the Federation to behaviour a thorough ineligible reappraisal and analyse the situation. The AGF invited each parties, including Ms. Usman, to respective meetings. We ne'er saw her astatine immoderate of them. Nevertheless, the AGF proceeded to undertake a broad reappraisal of the contract, the litigation, the arbitration clause, and each correspondence and actions by BUA and NPA. The ineligible proposal (attached herewith) recovered that the termination was unlawful, the decommissioning was without immoderate ineligible basis, and that BUA's rights should beryllium reinstated. It was connected this ground that President Buhari ordered the reversal of her unlawful actions. His involution preserved the sanctity of the contract, saved implicit 4,000 jobs, and BUA's $500 cardinal integrated concern clump involving flour, pasta, and sweetener processing facilities which were each babelike connected terminal access. For this, we stay profoundly grateful to erstwhile President Buhari.

As our Chairman said successful his interview, ideate if helium wasn't privileged to person access. Nonetheless, this civilization of impunity has been importantly curtailed nether President Tinubu's leadership, arsenic galore are alert they could beryllium dismissed oregon imprisoned if they maltreatment their positions.

POST-HADIZA: DUE PROCESS RESTORED, INVESTMENT RESUMED

Following Ms. Usman's removal from office, the NPA, nether caller leadership, implemented the AGF's position. In 2022, BUA was granted ceremonial support to resume reconstruction works. The declaration was awarded to TREVI, and BUA has since invested implicit $65 million—entirely self-funded and with nary recourse to nationalist funds oregon subsidies. Work is ongoing and completion is expected successful the archetypal 4th of 2026.

THE REAL DANGER: INVESTOR CONFIDENCE AND RULE OF LAW

We indispensable authorities intelligibly that this substance goes beyond BUA. Had Ms. Usman's actions been allowed to stand, it would person sent a disastrous awesome that contracts successful Nigeria are worthless, tribunal orders are optional, and nationalist institutions oregon individuals tin enactment unilaterally without consequence. We indispensable ne'er instrumentality to that era. Nigeria's betterment occurrence contiguous is rooted successful respecting contracts, owed process, and capitalist confidence—principles being restored nether President Tinubu's administration, nether which BUA has committed implicit $1 cardinal successful caller investments crossed energy, nutrient processing, manufacturing, infrastructure and societal interventions.

We privation to emphasise that Ms. Usman is entitled to her opinions, irrespective of however distorted they whitethorn be. However, she is not entitled to distort the facts oregon rewrite history. We bash not question a nationalist spat and would similar her to ore connected fulfilling her duties successful her caller relation nether the beardown enactment of President Tinubu. We truthful simply restate the facts that Ms Hadiza Bala-Usman had nary authorization to decommission Terminal B unilaterally. She besides acted successful defiance of a tribunal injunction and contractual process and her actions caused important economical nonaccomplishment of implicit USD10 million, reputational hazard to BUA, and capitalist interest for Nigeria.

Our halfway connection remains the same: nationalist bureau should beryllium viewed arsenic a presumption of spot alternatively than a level for idiosyncratic biases. Those granted nationalist powerfulness request to defy the temptation to fto prejudice, ego, and vendetta power their actions.

If Ms Hadiza Bala-Usman believes she acted lawfully, we situation her to mention the circumstantial clause oregon clauses that guided her unlawful actions. If not, fto the facts stay wherever they beryllium — successful the nationalist record.

Signed,

BUA Group

May 31, 2025

"Disclaimer: The views and opinions expressed present are those of the author, BUA Group and bash not needfully bespeak the authoritative argumentation oregon presumption of Legit.ng."

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Source: Legit.ng