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Of Hadiza’s jaundiced narratives about the NPA and Intels Saga

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By Paul Njowusi

Perhaps the most interesting account in the 17-chapter book, entitled: “Stepping on Toes” by Hadiza Bala Usman, a former Managing Director and Chief Executive Officer of the Nigerian Ports Authority (NPA) is chapter 9 that essentially dwells on the politics of Intels in the context of the power play within and outside the NPA. Hadiza captioned the chapter in a way that explicated how Intels might have allowed her to present it to the public as anti-government on the policy of Treasury Single Account (TSA). With this, she cleverly pitted the federal government against Intels for alleged non-compliance. She said in the account that Intels did not comply with the policy of the Federal Government of Nigeria on TSA for a very long time. The title of the chapter was apt for the objective she planned to achieve: “Intels and non-compliance with Treasury Single Account (TSA) policy.”

Whereas, the title looks so simply at the superficial level, but a read through the narrative showed how deep-seated the anti-Intels plots were. Hadiza harped on the purported interest of a former Vice-president, Atiku Abubakar, in the company. She pointed it out, albeit in passing, without discounting the intended ramifications of that stratagem. The purport was to insert a wedge in between the APC-led federal government and Intels by latching on the Atiku Abubakar interest in the company to help generate more APC government’s anti-Atiku Abubakar sentiments, resentment, and dissonance. She believed that having moved to the Peoples Democratic Party (PDP) from the APC, the government of the day should acquiesce in decisions that would disempower him and the opposition politician(s).

A deep interrogation of the narrative showed that Hadiza laid out the basis for the magnitude of her planned administrative action aimed at complete sinking of the company. Intels, by her accounts, committed a series of breaches of the rules, regulations and terms of the Agreement for the Pilotage contracts in the four districts, including the fund remittance component, in which it was benefitting 28 percent commission and non-payment of the revenues to the TSA and for which she claimed that the Chairman of Intels Nigeria Limited, Gabriele Volpi, would later, in a THISDAY report, apologise to the Federal Government and the NPA over the disagreement. She quoted THISDAY to have reported him thus: “We want to apologise to the Federal Government and NPA over this disagreement with Intels. I was not personally involved in the negotiations with NPA, but we apologise for what has happened. We intend to comply with the directive of government and transfer all the revenue(s) to the TSA because we are a law-abiding company.”

Read Hadiza: “The company eventually approached the NPA with an apology and request for negotiations, which the Authority granted. After several meetings, the parties reached an agreement whereby Intels committed to commence the payment of revenues collected from service boat operations to the TSA account as from 1 November 2017.

“The company was concerned that government didn’t have a good history of payments and that the NPA may begin to hold back their funds. To assuage this fear, we offered to pay the company interests on any delayed payment.

“Apart from the fact that it is government policy, the new SOP on the revenue collection was important because invoices were written in the name of NPA. Payments were also made into the Authority’s account. In effect, the NPA would now be able to know the exact amount of revenue being generated as opposed to the historic position where all invoices were issued in the name of, and payment made to Intels.”

My understanding of the renewed dispute that then lingered and led to the termination of the boat pilotage contract with Intels arose from the dilation of the remittance period by the company. The detailed narrative, as provided by Hadiza would suffice for the purpose of her narrative. But where Hadiza got it all wrong was her decision to disobey an order of the court when Intels proactively and preemptively secured one to restrain the NPA from terminating its boat pilotage contract. Hadiza had initially cancelled the contract even before it expired; thereafter, she withdrew the cancellation. Not even her rationalization that Intels participated in the fresh bids to supplant it and failed to qualify could cure that mischief of the NPA’s disobedience of an order of the court.

A review of the case showed that Hadiza had also gone ahead to seize land leased to Intels along with Berth 9-11 and allocated the same to ICTSI, thereby creating a Terminal with ocean going vessels and direct calls without proper concessioning process

Scanning through some other chapters that captured NPA’s relationship with BUA and LADOL, I could see that it was in the character of Hadiza-led management at the NPA to disobey court orders. What exactly motivated that disposition? Was it administrative rascality or the sheer rodomontade to honcho the sector populated by some powerful forces on whose toes she had loved to step. She claimed she did. Perhaps, she did in her own estimation. But where are both parties today? Intels is still in business with the NPA, while Hadiza had since been blown off by the aggressive winds of change. Her removal was made possible by the very fact of her causing the NPA to disobey a court order over the dispute with Intels. And, this was exactly the basis for her indictment by the Presidency and the Ministry of Transport.

Hadiza was asked to explain the reason she willfully refused to comply with an order of the Federal High Court in the suit which restrained the Nigerian Ports Authority from giving effect to the Public Notice No 4115 for the engagement of managing agents for the service boats in respect of the management of the Pilotage Contract between NPA and Messrs Intels, and instead authorized that the NPA should proceed with the procurement process during the pendency of a subsisting court order, thereby undermining the rule of law and exposing the federal government to the risk of potential damages arising from the willful disobedience of a valid court order.

Apparently self-opinionated, Hadiza in her response to the query, justified why she caused the NPA to disobey the court order. She said that the external counsel retained by NPA in the matter, Messrs Banwo and Ighodalo, advised that the Court Order secured by Intels, even though valid, could not prevent the NPA from carrying out its statutory functions. I shuddered at her limited understanding of the doctrine of power separation and the principle of checks and balances. Each arm of government has been provided with some powers to check the potential excesses of one another, otherwise, each will act ultravires of its powers. The lack of this understanding was the only motivation that could have given rise to the belief by Hadiza that the court order could not prevent the NPA from carrying out its statutory functions. Secondly, in her response to the query, Hadiza was said to have stated that the legal opinion by the external counsel was supported by the Authority’s Legal department, which conveyed the legal opinion to the Director. And I shuddered further at this tenuous defence. A wrong legal opinion cannot be cured by the support of multitude of legal counsel.

The intervention by the Minister of Justice and Attorney General of the Federation, Abubakar Malami (SAN) provided the basis for rebutting the position of Hadiza. Read the presidential/ministerial verdict: “While it would be appropriate to exonerate the suspended MD in respect of this alleged infraction, in light of the fact that she supported her action based on the legal advice she received from the External Counsel, it is imperative to state that the said legal opinion of the said External Counsel, Messrs Banwo & Ighodalo, was, with due respect, deeply flawed and against the run of our jurisprudence. An examination of the legal opinion shows clearly that the firm acknowledged that the ‘the learned Judge, Oweibo J. extended the life span of the ex parte order to such time as the suit is determined.’ That therefore made it a valid and subsisting order of court. It is trite law that an Order of court, no matter how perverse, remains valid until it is duly set aside by a superior court or by the court that issued the order. In the circumstances, NPA had the option of pursuing its appeal in the matter and or approaching the trial court to vary its order to enable the Authority continue to discharge the pilotage services pending the determination of the matter, rather than resorting to self-help and potentially exposing the government to damages arising from the disregard of the court order.”

The issues laid out supra were not captured by Hadiza in her narrative exactly the way they transpired, thus discounting the credibility of her book, which is account is liable to be dismissed as a cocktail half-truth and malpresentation. She had also failed to mention that she rejected offers made by Intels Ltd and its sister company Deepoffshore services Ltd for both parties to reach an amicable resolution: along the lines of writing off of $100m by Its sister company Deep offshore Ltd, reduction of cost of funds by its sister company from Libor+ 6.5% to Libor + 3% and reduction in commission payable to a Intels Ltd for service boats management and collections from 28 per cent to 18/20 per cent. Notably, NPA was also still owing the sister company over $700m as of the time of termination of the contract

The totality of these issues questions Hadiza’s integrity. It is indeed sad that a former public officer of her standing would resort to this stratagem of propagating half-truths, partial disclosures and even distorted presentations, to attract public sympathy in a grand orchestrated plot to mislead her readers.

Njowusi, writes in from Warri, Delta state.

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Opinion

BENUE 2027:The Apa/Agatu Quest for Equity

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By Tunde Olusunle

It may be well over two years to the next cycle of general elections in Nigeria. For the people of Apa/Agatu federal constituency in *Benue South, however, the measure of their participation and integration into the governance scheme will be defined in the run-up to the general polls that year. Nine local government areas make up the predominantly Idoma country of Benue State also labelled Zone C in the senatorial tripod of the geo-polity. The zone is also home to the Igede ethnic stock and the Etulo. Local government areas in “Benue Zone C” include: Apa, Agatu, Oju, Obi, Ado, Ogbadibo, Okpokwu, Otukpo and Ohimini. The other zones, Benue North East and Benue North West, are wholly dominated by the Tiv nationality, striding across 14 local government areas. They are christened Zone A and Zone B in the local political scheme of the state. Federal constituencies in Benue South are: Apa/Agatu, Oju/Obi; Ado/Ogbadibo/Opokwu and Otukpo/Ohimini.

The subjugation of groups and ethnicities considered demographically smaller, by the larger groups which has dominated Nigeria’s politics over time, has not been any different for the Idoma of Benue State. Until the circumstantial emergence of a Yahaya Bello from the Ebira ethnicity in Kogi State in 2015, the Igala had the relay baton of governorship of Kogi State, in rounds and succession. The Ebiras and the Okun-Yoruba zones in the state could only aspire to be serial deputies or Secretaries to the State Government. This political template was virtually cast in stone. The Ilorin people of Kwara State have similarly wholly warehoused the gubernatorial office, sparingly conceding the position to other sociocultural groups in the state. The only exception was the concession of the seat to a candidate from Kwara South, in the person of Abdulfatah Ahmed, by his predecessor, Bukola Saraki in 2011. Even at that, there were murmurs and dissent from those who believed Ahmed came from a community too close to the Ilorin emirate to be of genuine Igbomina stock, which prides itself as the pure Yoruba species in Kwara State.
Twenty-six years into the Fourth Republic, the maximum proximity of the Idoma to Government House, Makurdi, has been by the customary allocation of the Deputy Governor’s slot to its people. Ogirri Ajene from Oju/Obi, the charismatic blue-blood of blessed memory, was deputy to George Akume, incumbent Secretary to the Government of the Federation, (SGF), from 1999 to 2007. Akume it was reported, genuinely desired to be succeeded by Ajene who exhibited competence and loyalty and could build on their legacies. The Tiv nation we understand, shot down the proposal. Gabriel Suswam succeeded Akume and had the urbane multipreneur, Stephen Lawani from Ogbadibo as deputy. Samuel Ortom, a Minister in the Goodluck Jonathan presidency who took over from Suswam opted for Benson Abounu, an engineer from Otukpo as running mate, while Hyacinth Alia, the Catholic priest who succeeded Ortom, also chose as deputy, Samuel Ode, who was also a Minister in the Jonathan government, from Otukpo. Arising from this precedence, Apa/Agatu has not for once, been considered for a place in Government House, Makurdi.
In similar fashion, the position of Senator representing Benue South, has repeatedly precluded Apa/Agatu federal constituency. David Alechenu Bonaventure Mark a former army General from Otukpo, took the first shot at the office in 1999. He was to remain in the position for five consecutive times, a distinctive record by Nigerian standards. Mark would subsequently become President of the Senate and the third most senior political office holder in the nation’s governance scheme for a string of two terms between 2007 and 2015. He was replaced by Patrick Abba Moro, who hails from Okpokwu and was a former teacher, in 2019. Abba Moro who previously served as Minister of Interior in the Jonathan government from 2011 to 2015, won a second term at the 2023 general elections and remains substantive Senator for “Benue Zone C.” He is indeed incumbent Minority Leader of the Senate, and thus a principal officer in the leadership scheme of the “red chambers.”
While Moro is barely two years into his second term, there are suggestions that he is interested in a third term which should run from 2027 to 2031! This is the core issue which has dominated contemporary political discourse in Benue South, especially from the Apa/Agatu bloc. For Apa/Agatu, it is bad enough that they are repeatedly bypassed in the nomination of deputy governors in the scheme of state politics. It is worse that they are equally subjugated by their own kinsmen within the context of politics in *Idoma and Igede land.* This is particularly worrying when both local government areas constituting the Apa/Agatu federal constituency, Apa and Agatu, are not in anyway deficient in human resources to represent Benue South. Names like John Elaigwu Odogbo, the incumbent *Och’Idoma* and respected clergy; Isa Innocent Ekoja, renowned Professor and Librarian; Sonny Togo Echono, FNIA, OON, Executive Secretary, Tertiary Education Trust Fund, (TETFUND), and John Mgbede, Emeritus State Chairman of the Peoples Democratic Party, (PDP), Benue State, readily come to mind.
Major General R.I. Adoba, (rtd), a former Chief Training and Operations in the Nigerian Army; Professor Emmanuel Adanu, former Director of the Kaduna-based National Water Resources Institute, (NWRI) and the US-based specialist in internal medicine, Dr Raymond Audu, are eminent Apa/Agatu constituents. There are also Ada Egahi, long-serving technocrat who retired from the National Primary Healthcare Development Agency, (NPHDA), and Super Eagles forward, Moses Simon, (why not, hasn’t the retired soccer star, George Opong Weah just completed his term as President of Liberia)? The Member Representing Apa/Agatu in the House of Representatives, Godday Samuel Odagboyi, an office previously held by Solomon Agidani, as well as Adamu Ochepo Entonu, is, like his predecessors, a prominent figure from the resourceful Apa/Agatu federal constituency.
The Olofu brothers, Tony Adejoh, a retired Assistant Inspector General of Police, (AIG), and David, PhD, a renowned management and financial strategist, who is also an Emeritus Member of the Benue State Executive Council during the Ortom dispensation, are from the same federal constituency. So is Abu Umoru, a serial entrepreneur who represents Apa State Constituency in the Benue State House of Assembly. The continuing intra-zonal alienation of Apa-Agatu from the politics of Benue Zone C, remains a sore thumb which must be clinically diagnosed and intentionally treated in the run-up to 2027.
If previous top level political office holders from Idomaland in general and Apa/Agatu in particular, had diligently applied themselves to tangible, multisectoral development of the zone and constituency, the present clamour for inclusiveness would probably been less vociferous. *River Agatu* which flows from Kogi State, and runs through Agatu before emptying into *River Benue,* is a potential game changer in the socioeconomy of Apa/Agatu, Benue South and Benue State in general. Properly harnessed, it can revolutionise agriculture and aquaculture in the state, beyond subsistence levels which are the primary vocations of the indigenous people. Rice, yam, guinea corn, millet and similar grains, thrive in the fertile soils of the area. These can support “first level” processing of produce and guarantee value addition beneficial to the primary producers, before being shipped to other markets. River Agatu can indeed be dammed to provide hydro-electricity to power the entire gamut of Idomaland.
The infrastructure deficit in Benue South with specific reference to Apa/Agatu is equally very concerning. A notable pattern in Nigerian politics is its self-centeredness, the penchant for political players to prioritise their personal wellbeing and the development of their immediate space. This has accentuated the ever recurring desire of people to ascend the political pedestals of their predecessors if that is the principal window by which they can also privilege their own primary constituents. Motorable roads are non-existent, seamless travel between communities therefore encumbered. Expectedly this has been a major impediment to subsistent trade and social engagements between constituents and their kinsmen. Primary health facilities are almost non-existent, compelling people to flock to Otukpo, headquarters of Benue South, for the minutest of medical advice and treatment.
Apa/Agatu pitiably bleeds from the relentless and condemnable activities of vagrants and bandits who have reduced the constituency into a killing field. Reports suggest that in the past 15 years, no less than 2500 lives were lost to the vicious attacks of marauders and trespassers in the area under reference. This unnerving situation has compelled engagements between concerned Apa/Agatu leaders, and the leadership of the Nigeria Police Force, (NPF). The prayer is for the swift establishment of a mobile police outpost in the troubled sub-zone to contain bloodletting. The proposal, anchored by AIG Tony Olofu, NPOM, (rtd), and Echono, has received the blessings of the police high command. At the last update, a commander for the outfit had been named, while the deployment of personnel had begun in earnest.
It is very clear that in the march towards 2027, Apa/Agatu will refuse, very vehemently, to be sidelined and trampled upon in the political scheme of their senatorial zone. Abba Moro may desire a third term in the Senate, but the people of Apa/Agatu are quick to remind him that his curriculum vitae as a politician is sufficiently sumptuous for him to yield the seat in the “red chambers” and sit back like an elder statesman. They remind you that for a man who began his working life modestly as a lecturer in the Federal Polytechnic, Ugbokolo in 1991, Abba Moro has done extremely well for himself in Nigerian politics. For reminders, Abba Moro was elected Chairman of Okpokwu local government in the state as far back as 1998. Ever since, he has remained a permanent fixture in Nigeria’s national politics.
The people of Apa/Agatu will put up a determined fight for the Benue South senatorial seat in 2027, and no one should begrudge them. They are the proverbial ram which was pushed to the wall, which must of necessity push back with angered horns to liberate itself. They are already engaging with their kith across “Benue Zone C” to ensure that intra-zonal equity, fairness and justice, prevails in communal politics.

Tunde Olusunle, PhD, Fellow of the Association of Nigerian Authors, (FANA), teaches Creative Writing at the University of Abuja

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Opinion

The Prince Adebayo prescriptions for ease of doing Business: 15 Take-Aways

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By Dr. Ag Zaki

On Thursday, 9 January 2025, Prince Adewole Adebayo presented a keynote address at the Radisson Blu Hotel, Ikeja, Lagos. The occasion was the annual conference of a group of professionals, business executives and experts codenamed J9C for January 9 Collective. The theme of the Conference was “Business and Policy Strategy: Examining the Role of Reform in enhancing the ease of doing business in Nigeria.” Prince Adebayo is a versatile cerebral man of many parts, a lawyer, a multimedia practitioner, a real estate investor, a large-scale miner, a philanthropist, a community developer, and the 2023 Presidential Candidate of the Social Democratic Party (SDP). The organisers of the J9C conference introduced him as an intercontinental lawyer because he currently practices law in over sixteen countries.

The full speech of Prince Adebayo at the occasion is available online and can be accessed by clicking at this url: https://youtu.be/SsHkcJbVNRg?si=ebvoOVqGh0zVOsnt or by scanning the QR code above. However, we are presenting the salient take-aways from this most incisive keynote address below for the convenience of interested persons and for the public good.

THE TAKE-AWAYS
Preamble
1. Not every change of policy or programme is a reform. A reform is a fundamental change in the activities, programmes, and policies structured to cause improvement. Genuine government reforms are people oriented and so citizens can interject, comment or contribute.
2. Reform may be internally motivated, externally forced or imposed, or technological driven.
3. The government of Nigeria must first reform itself to be able to implement development-oriented reforms to improve the country’s economic performance.

In general terms
4. Fiscal and monetary reforms are critical and are urgently required in Nigeria. While government can freely control its fiscal reforms, it must be bound by market forces for realistic and realisable monetary reforms.
5. Economic reforms must positively affect developmental policies, programmes and projects to engender economic growth, increase in efficiency, and lead to stability. Economic and political reforms must be implemented pari-passu for untainted policies and programmes.
6. Urgent structural reforms are required in areas of legal reforms, laws on banking controls and regulations, lending and borrowing as well as land matters.

In specific terms
7. Reforms which are aimed at targeting ease of doing business must be aligned with the Malam Aminu Kano maxim that “all civil servants should abstain from contracts or business”.
8. Nigeria must break the current odious and unwholesome conspiracies between policy makers, civil servants, and contractors, which can lead to irreversible endemic corruption, long foreseen by the revered Malam Aminu Kano, and which can permanently damage the economy.
9. Structural reforms must ensure that land laws open up maximum benefits and potentials of the land, encourage labour productivity and efficient and transparent entrepreneurship rules including registration, capital and lending matters.
10. Tax reforms should be broad-based, not about sharing of revenue but promoting productivity and competitiveness in all aspects of endeavours and infrastructure reforms should make transportation of people and goods safe and cost effective.
11. Monitoring economic crimes must be thorough and should go beyond arresting of “Yahoo boys” and those spraying Naira notes, but those devaluing the Naira and abusing economic rules and regulations.

Warnings
12. Adebayo left some stern terse warnings for the business sector and for the government of Nigeria.
13. Business executives and professionals should not ask or encourage government for specific reforms but for general broad-based reforms as firm-specific reforms can enhance operations of specific firms or business in the short term but will ultimately kill the industry.
14. Government should not meddle into business or be guided by partisan businessmen; government should meet business only at the junction of regulatory framework.
15. Government should be selfless and honest in carrying out reforms, incorporate measurable performance indices and ensure that reforms are implemented in a way not to inflict pains or punishment on the people.

# DrZaki25, 903 Tafawa Balewa Way, Abuja

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Opinion

Governor Monday Okpebholo: A Blessing to Edo State

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Monday Okpebholo

By Eigbefo Felix

His Excellency, Senator Monday Okpebholo, the Executive Governor of Edo State, has demonstrated that he is a blessing to the state through his policies, appointments, initiation of road construction across the three senatorial districts, and his deep love for the people of Edo State.

Governor Monday Okpebholo has begun fulfilling the five-point agenda he promised the good people of the state since his inauguration.

In the area of security, he has shown total commitment. He assured the people of Edo State that he would ensure their safety, and true to his word, the state remains peaceful, which has brought joy to its residents. He has provided the necessary support to security personnel.

The governor increased the subvention for Ambrose Alli University (AAU) from ₦40 million to ₦500 million. He also promised to address the issues facing AAU medical students. Additionally, he has started renovating primary and secondary schools across the state, underscoring his understanding of the importance of education.

The agricultural sector has taken a positive turn as Governor Okpebholo has allocated ₦70 billion to the sector. Recognizing agriculture’s importance to both the state and the nation, he is positioning Edo State to become the food basket of the nation with his investments in the sector.

During the electioneering period, Senator Okpebholo promised to create 5,000 jobs within his first 100 days in office. He has already begun the process, and soon, the people of Edo State will benefit from these employment opportunities. Unlike in the past, he will not rely on MOUs before making appointments. Furthermore, he has started appointing Edo State indigenes, rather than outsiders, to various positions.

Governor Okpebholo has commenced road projects across the state, from Edo South to Edo Central and Edo North. He believes that when roads are motorable, the prices of goods in the market will automatically reduce.

He has also begun investing in the health sector, understanding its critical importance to the people of Edo State.

Governor Monday Okpebholo’s initiatives and actions affirm his dedication to transforming Edo State for the better.

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