The Nigerian Ports Authority
(NPA) has given Intels Nigeria Limited three months to quit.
NPA gave this marching order
barely a week after terminating boats pilotage monitoring and supervision
agreement with Intels, owned by former Vice President, Atiku Abubakar.
The Managing Director of the NPA,
Hadiza Bala Usman, said in Lagos yesterday that the authority would proceed on
an arrangement to engage another firm.
The NPA had terminated the
agreement with Intels based on the decision of the federal government that it
violated the Nigerian Constitution.
The NPA boss blamed Intels for
refusing to pay revenue into the Treasury Single Account (TSA) of the federal
government.
She said all efforts to get the
company to obey the directive was met with various excuses until the NPA wrote
to seek the AGF’s legal advice on how to proceed with the NPA/Intels
relationship in a letter dated May 31, 2017.
She said: “The legal advice
contained in a September 27, 2017 letter addressed to the Managing Director of
the Authority, Hadiza Bala Usman, by the Attorney General of the Federation
(AGF) and Minister of Justice, Mallam Abubakar Malami (SAN) expressly stated as
follows: ‘For the avoidance of doubt, the agreement for the monitoring and
supervision of pilotage districts in the Exclusive Economic Zone of Nigeria on
terms inter alia that permits Intels to receive revenue generated in each
pilotage district from service boat operations in consideration for 28% of
total revenue as commission to Intels is void, being a contract ex facie
illegal as formed for permitting Intels to receive federal government revenue
contrary to the express provisions of Sections 80(1) and 162(1) and (10) of the
1999 Constitution of the Federal Republic of Nigeria (as amended), which
mandates that such revenue must be paid into the Federation
Account/Consolidated Revenue Fund.’
“In the premise of the above, the
conflict between the agreement and the TSA policy presents a force majeure
event under the agreement, and NPA should forthwith commence the process of
issuing the relevant notices to Intels exiting the agreement which indeed was
void ab initio.”
She further stated that as a
responsible agency, the NPA has proceeded to act as advised, stressing that it
was now determined more than ever to terminate the contract forthwith.
“The Authority has taken note of
threats by Intels to withdraw its investment plans in Nigeria and must point
that business thrives in favour of everyone involved only when the laws of the
country of operation are adhered to. No organization is above the Nigerian
constitution and it is only when all corporate entities obey the laws of the
country that everyone benefits. There must be a level playing field for all
players in the sector and this is the commitment of the Authority,” she said.
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