Hadiza Bala Usman, special adviser to President Bola Tinubu
on policy coordination, has accused Abdul Samad Rabiu, chairman of BUA Group,
of “misleading the public” over the termination of the company’s concession at
Rivers Port.
In his article, titled ‘Two years of President Tinubu: A
business perspective’, Rabiu alleged that the NPA abruptly revoked his
company’s concession without prior notice, claiming it was done to favour the
associate of the former port chief.
“We started a new business in Port Harcourt four or five
years ago under BUA Foods, operating at the Rivers Ports under a concession
with the Nigerian Ports Authority,” the BUA chairman had said.
“It was going very well. One day, we woke up to a letter
stating that the concession had been revoked, the terminal shut down, and the
lease agreement terminated. There was no prior warning, no issue, no conflict.
“Later, we discovered that the Managing Director of NPA at
the time decided to close the business simply because our operations were
competing with those of her friend. She wanted to impress her friend. That was
the only reason. Today, that kind of thing cannot happen.”
Responding to the article in a statement on Sunday, Usman
described Rabiu’s version of events as “barefaced lies” aimed at misleading the
public and shifting the blame for the group’s contractual failures.
Usman, who served as the NPA managing director from 2016 to
2021, said the facts contradict Rabiu’s narrative.
“This is a blatant lie. It is not just that the BUA Group
received numerous notifications and warnings about its negligence of
contractual responsibilities; some of these warnings preceded my tenure as
Managing Director,” she said.
“The facts of the matter are as follows: BUA Ports and
Terminal Limited became concessionaires for Rivers Port Terminal B for a
20-year tenure through a concession agreement contract dated May 11, 2006. The
Terminal was handed over to them for use with effect from August 10, 2006.
“As part of the terms of the agreement for the concession,
BUA Ports and Terminal Limited was required to commence full reconstruction of
Berths 5-8 within 90 days of the handover of the facility.
“Ten years after taking possession of the terminal and
operating it, BUA had not commenced the rehabilitation of the quays that it was
required to commence in 90 days.
“A notice of default was issued to the company on 11
February 2016, which was before my appointment as MD of the Nigerian Ports
Authority.”
Usman said the letter, which cited “BUA’s failure” to honour
its development obligations, followed earlier warnings issued in 2014 and early
2016.
However, she said the company “refused to honour this
fundamental and material term” of its lease.
“In August 2016, another notice of default was issued under
my leadership. Still, no action was taken. A three-month termination notice
followed in November 2016,” she added.
“On receipt of the notice of termination, BUA Ports and
Terminal sought and obtained a restraining order from the Federal High Court,
Lagos, on 18 January 2018, barring the Authority from giving effect to the
termination.”
‘RABIU USED HIS ACCESS TO BUHARI TO INFLUENCE DECISIONS IN
BUA’S FAVOUR’
Usman said the NPA complied with the restraining order,
allowing the company continued access to the facility.
She also alleged that Rabiu used his access to former
President Muhammadu Buhari to influence decisions in his company’s favour,
which “negated the country’s interests”.
“The company’s actions compromised the integrity of the
adjoining berths and violated binding contractual obligations,” she said.
“It is, therefore, curious that the Chairman of BUA Group
has continued to push this falsehood aimed at distracting Nigerians from seeing
his company’s flagrant disregard of the binding contractual agreement.”
The special adviser urged BUA Group and its chairman to stop
the “cheap blackmail” and work towards being a “responsible corporate body”
that respects its commitments and contributes to national development.
The BUA Group is yet to formally respond to Bala Usman’s
statement at the time of filing this report.
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