Hadiza Bala Usman’s Re-appointment As MD, NPA Lands Buhari In Court

BY VICTOR BUORO, ABUJA – Concerned over what it described as “seeming disregard for the statutory provisions” of the Nigerian Ports Authority (NPA) Act, a group of concerned stakeholders in Nation’s Maritime sector, has sued President Muhammadu Buhari over the extension of the tenure of Ms Hadiza Bala Usman as Managing Director of the Nigeria Ports Authority (NPA).

In the suit filed on Thursday, March 25, 2021, the concerned Maritime stakeholders led by Elder Asu Beks, who is the Chief Executive Officer (CEO), of Maritime Media Limited, are challenging the powers of President Buhari to lawfully and prematurely reappoint Hadiza BalaUsman to her position as Managing Director of the NPA, six months ahead of the expiration of her first term tenure.

Beks is being joined in the suit against Buhari by Mr Tompra Abarowei and Mr Miebi Senge.

President Buhari had on January 21, 2021, announced the reappointment of Ms Hadiza Bala Usman as Managing Director of the NPA for another term of five years, six months ahead of the expiration of her first tenure.

The suit with reference number FHC/L/CS/485/2021, was instituted on behalf of the concerned stakeholders in the Maritime sector by Chief Mike A.A. Ozekhome, SAN chambers.

Other defendants in the suit include the Minister of Transportation, the Managing Director of the NPA and the Chairman, Board of Directors of the NPA, Mr Emmanuel Adesoye.

The stakeholders noted that Buhari’s approval of her reappointment was in clear contravention of the statutory provisions of the NPA Act and the Laws of Nigeria, stressing that Usman’s premature tenure elongation would set a fertile ground for litigation, as the action was illegal, wrongful, null and void and of no effect whatsoever.

The plaintiffs also noted that in the same vein, the newly constituted Board of NPA has no representative from the Federal Ministry of Transportation as contained in the statues of the NPA Act.

The concerned stakeholders also noted that the statement issued by the Presidency was completely silent on the role of the three Executive Directors as required by law, just as the reconstitution of the Board showed complete disregard for professionalism and requisite expertise in shipping and ancillary maritime matters for its members.

The stakeholders are asking the court to determine the following questions; “Whether the 1st defendant in the discharge of his statutory duties has the vires under Section 2 and 10 of the NPA Act to lawfully and prematurely re-appoint the 3rd defendant to her position as the Managing Director of the Nigerian Ports Authority (NPA) six clear months before the expiration of her existing tenure of office”.

“Whether the acts of the 1st defendant in the appointment and composition of the NPA Board are not illegal, wrongful, unlawful, unconscionable, null and void, and of no effect whatsoever.

Accordingly; the stakeholders want a declaration that the act of the President, being the 1st defendant in purporting to re-appoint and/or extend the tenure of office of the Ms Hadiza Bala Usman being the 3rd defendant as the Managing Director of the NPA six clear months from the expiration of her first term is in contravention of the provisions of Sections 2 and 10 of the NPA Act, Laws of the Federal Republic of Nigeria, and thereby renders same unlawful, wrongful, illegal, null and void, and of no effect whatsoever.

The stakeholders also want a declaration that the President lacks the authority, vires and power to prematurely re-appoint and extend the tenure of office of Bala Usman as the Managing Director of the NPA six clear months to the expiration of the said tenure.

Other prayers include; “A declaration that the appointment of and composition of the new Board of the NPA as announced by the President on 21st January, 2021, is in blatant violation of the express provisions of Section 2 of the NPA Act, as the Act does not contemplate the composition of the Board based on geopolitical zones.

An order setting aside the purported and premature re-appointment of the 3rd Defendant as the Managing Director of the NPA, and the consequential dissolution of the Board of the NPA headed by the 4th Defendant and as reconstituted by the 1st Defendant in January 2021.

“An order directing the 3rd Defendant and the entire Board of the NPA to vacate forthwith their respective offices and refund all salaries, allowances and benefits received by them with effect from January 21, 2021, (When the Board was appointed), to the coffers of the Federal Government of Nigeria.

“An order of perpetual injunction restraining the 1st Defendant, either by himself and/or acting through any of his Ministers, officers, servants, agents, and/or privies, under any guise howsoever from further breaching provisions of the NPA Act by prematurely re-appointing and extending the tenure of office of the 3rd Defendant occupant of the office of Managing Director, NPA and also members of the Board of the NPA, in gross violation of the express provisions of the NPA Act, LFN, (2004),” the stakeholders demanded.

In the 19-point affidavit in support of the originating summons, the stakeholders averred that the NPA Act is the enabling Act that governs the NPA and it stipulates the composition and membership of the Board and that such is not based on geopolitical zones as the present Board suggests.

The stakeholders also posited that the actions of President Buhari are clearly outside and in excess of the provisions of the NPA Act.

The defendants, who have been served, have 30 days to respond to the summons or cause an appearance to be entered for them.