The Management of BUA Group has called on Hadiza Bala Usman, former Managing Director of the Nigerian Ports Authority (NPA) and current Special Adviser to President Bola Tinubu on Policy Coordination, to publicly identify the specific clause allegedly breached by the company that warranted the termination of its port concession agreement.
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In a statement issued on Sunday, BUA refuted Ms Usman’s recent claims justifying the termination of its lease for Terminal B at the Rivers Port in Port Harcourt, accusing her of disregarding due process, court orders, and arbitration proceedings.
The company recalled that it entered into a valid long-term lease agreement with the NPA in 2006 for the rehabilitation and operation of the terminal. BUA stated that it had begun discussions with the NPA over remedial works and infrastructure upgrades prior to Ms Usman’s appointment, but that she ignored those engagements upon assuming office.
“Rather than build on that process, she ignored BUA’s requests and obligations under the agreement. In 2016, BUA formally notified the NPA of safety concerns under Article 8.4 of the lease, as required, and sought approval to carry out remedial works,” the statement said.
According to BUA, this notice was used by Usman as a pretext to issue a termination notice and shut down the terminal without prior consultation, warning, or adherence to the dispute resolution clause outlined in the agreement.
The group said that the termination led to legal disputes, prompting BUA to approach the Federal High Court, which issued an injunction restraining the NPA from proceeding with the termination. Despite this, the NPA referred the matter to arbitration, in line with the provisions of Section 17.3 of the concession agreement.
“In spite of these legal processes, Ms Usman unilaterally decommissioned the berths, violating both the agreement and a subsisting court order. The concession agreement grants no such powers. If she believes otherwise, we challenge her to cite the specific clause authorising such action.”
BUA claimed that even after providing the guarantees and indemnities demanded by the NPA, it was only briefly allowed to resume operations before the terminal was shut down again within three weeks, leading to estimated losses exceeding $10 million.
“These actions clearly reflect personal animosity and abuse of office, rather than adherence to due process,” the group asserted.
BUA further revealed that it filed contempt proceedings but later withdrew them in the interest of national stability, following interventions from well-meaning Nigerians both within and outside government.
The company commended President Tinubu’s administration for promoting due process and reducing the culture of impunity, stating that public office holders now understand the risks of arbitrary action.
Following the removal of Ms Usman from office, BUA said that a new leadership at the NPA implemented the position of the Attorney-General of the Federation, leading to a resolution of the dispute.
“In 2022, BUA received formal approval to resume reconstruction works at Terminal B. The project was awarded to Italian engineering firm TREVI, with BUA investing over $65 million so far—entirely self-funded, without government support. The project is expected to be completed by Q1 2026,” the company added.
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