Hadiza Bala Usman, the former managing director of the
Nigerian Ports Authority (NPA), has been cleared of allegations of failing to
remit N165 billion operating surplus to the coffers of the federal government.
TheCable reports that however, the 11-member committee set
up by the ministry of transportation to probe the alleged fraud decided to
shift its attention to allegations of insubordination to Rotimi Amaechi, the
minister.
She was accused of ignoring ministerial directives and
communicating directly with President Muhammadu Buhari.
Usman was originally suspended in May 2021 by the minister over an allegedly missing N165 billion but the committee did not find any evidence in its account reconciliation.
When Amaechi presented the report to Buhari and asked for
permission to remove Usman based on to “insubordination”, the president refused
to give approval but instead directed the minister to issue a query to the
former NPA MD.
Amaechi, presidency sources disclosed that Usman had already
defended herself before the committee, but Buhari insisted that she be allowed
to respond to the report before any further action is taken.
“A visibly disappointed Amaechi then directed Magdalene
Ajani, the permanent secretary, to issue the query,” the source said, adding
that Buhari refused to be presented with a “fait accompli”.
Conspicuously missing in the 10 items of query is the
original reason for her suspension — the allegation that N165 billion was not
remitted to the treasure single account (TSA) which made the headlines.
QUERY AND REPLY
An official of the ministry of transportation, who spoke to
TheCable but pleaded to be “shielded” for fear of victimisation, said Usman
responded to the query within one week as stipulated.
“She said that she did not have access to some important
documents because she was on suspension but I would say she did justice to the
query,” the official said.
Mohammed Bello-Koko, who acted as NPA MD during her
suspension, was a bank’s accounts officer to the Rivers states government when
Amaechi was governor.
Bello-Koko was on Tuesday officially appointed the MD.
In the query dated January 26, 2022, Ajani said the
committee accused Usman of the following acts of insubordination.
- Disregard
for ministerial directive in respect of the Bonny/Port Harcourt and Lagos
port channel management contract
- Unlawful
procurement of the operation of truck transit park for port bound trucks
(e-callup) with the non-payment into TSA
- Unilateral
execution of a supplemental agreement in respect of the Lekki Deep Seaport
concession project
- Breach
of the channels of the communication in the public service
- Unilateral
and improper use of the emergency procurement mode to procure vehicles
- Waiver,
rebates and tariffs granted by NPA without requisite approval
- disobedience
of court order in respect of pilotage contract between NPA and Intels
- Disregard
of court order in the matter between NPA and BUA ports and terminal
limited in respect of the concession of Terminal B Rivers ports complex.
- Breach
of presidential/ministerial directive in the matter of the LADOL/Samsung
dispute
- Lease
of Koko Port to Messers Creek Shore Jetty and Terminal Ltd
In her response, she denied all the allegations.
On the renewal of the Bonny/Port Harcourt and Lagos port
channel management contract for which she was said to have disregarded
ministerial directive, she said she conveyed the directive to the Bureau for
Public Procurement (BPP) which it clarified that it was an extension of an
existing contract and such extensions do not require the attention of either
the ministerial tenders board or the federal executive council.
Usman said, with regards to the operations of the e-callup
system, that “it is practically impossible to have the e-Wallet account
domiciled with the TSA as the amount standing to the credit of the
transporters’ wallets still belong to the customers. In addition, the owners of
the satellite parks and pre-gates used for gating trucks before their callup
into the ports need to be paid weekly from the wallet account based on how many
bookings were made for their parks”.
She denied unilaterally executing a supplemental agreement
in respect of the Lekki Deep Seaport concession project, stating that
it was operational in nature and does not alter any major aspect of the
concession agreement “as it only rescheduled construction timeframe for a berth
and allowed other players to partake in the development of dry bulk since the
company was constrained to embark on the construction”.
The former NPA MD said presidency communicated directly with
her seeking information and clarifications on the activities of the authority
and she responded and she was not at any informed that her responses should
have gone through the ministry since presidency did not communicate with her
through the ministry.
Usman denied “unilateral and improper use of the emergency
procurement” to procure vehicles to replace the ones burnt by the End SARS rioters,
quoting public procurement laws to back her decision and pointing out that NPA
got a provisional “no objection” certificate for the purchases.
She insisted that she did not disobey court orders on Intels
and BUA, and that no presidential or ministerial directive was breached in the
LADOL/Samsung dispute.
On the lease of Koko Port to Messrs Creek Shore Jetty and
Terminal Ltd, she said she acted the legal limits of NPA as provided by the
enabling laws.
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