BUA Group has issued a comprehensive response to former Nigerian Ports Authority (NPA) Managing Director Hadiza Bala Usman, refuting her claims regarding the termination of BUA's port terminal concession and accusing her of abuse of office during her tenure.

The statement, signed by BUA Group on May 31, 2025, addresses what the company describes as "distortions" in Usman's recent public comments about BUA Group and its Chairman, Abdul Samad Rabiu, following his interview titled "Two Years of President Tinubu: A Business Perspective."

Contract Dispute Background

According to BUA Group, the company entered into a valid long lease agreement with the NPA in 2006 to rehabilitate and operate Terminal B at Rivers Port in Port Harcourt. The company claims that before Usman's appointment, BUA had begun formal engagement with the NPA to address outstanding remedial works and infrastructural deficiencies.

BUA alleges that rather than continuing this process, Usman used a letter written by BUA under Article 8.4 of the lease agreement (which mandates concessionaires to report environmental and safety concerns) as a pretext to issue a termination notice and shut down the terminal without warning or consultation.

The company further claims that the NPA under Usman's leadership was itself in breach of core obligations, including failing to hand over critical portions of the port, leaving derelict iron ore on berths, failing to dredge or repair quay walls, and neglecting to provide mandatory security.

Legal Challenges and Court Orders

Following the termination, BUA states it approached the Federal High Court, which granted an injunction restraining the NPA from proceeding with the termination. Despite this, BUA alleges that Usman unilaterally decommissioned the berths, violating both the agreement and the court injunction.

"To be clear, the concession agreement granted her no such power to decommission. If she believes otherwise, we invite her to publicly cite the specific clause that authorizes this action," the statement reads.

BUA claims it was briefly permitted to resume operations after providing guarantees and indemnities requested by the NPA, only to be shut down again three weeks later on Usman's instruction. The company subsequently filed contempt proceedings, estimating losses in excess of $10 million.

Presidential Intervention

BUA refutes Usman's claim that former President Muhammadu Buhari was "misinformed" when he reversed her actions. According to BUA, following a meeting between their Chairman and President Buhari in 2018, the Office of the Attorney General of the Federation conducted a legal review and found that the termination was unlawful and the decommissioning was without legal basis.

The company states that President Buhari's intervention preserved the sanctity of the contract, saved over 4,000 jobs, and protected BUA's $500 million integrated investment cluster which depended on terminal access.

Current Status and Investment

Following Usman's removal from office, BUA claims the NPA under new leadership implemented the AGF's position. In 2022, BUA was granted formal approval to resume reconstruction works, awarding the contract to TREVI. The company says it has since invested over $65 million in self-funded works, with completion expected in the first quarter of 2026.

BUA concludes by emphasizing that the matter goes beyond their company, stating that had Usman's actions been allowed to stand, it would have sent a "disastrous signal that contracts in Nigeria are worthless, court orders are optional, and public institutions or individuals can act unilaterally without consequence."

The company has challenged Usman to cite specific clauses that guided her actions if she believes she acted lawfully.