By Tosin Olatokunbo
President Muhammadu Buhari has put an end to speculations on the imminent return of Hadiza Bala-Usman as the Managing Director of the Nigerian Ports Authority, NPA.
The president sacked the NPA boss on May 6 on allegations bordering on financial impropriety, but the maritime sector has been awash with suggestions that she will be returned to her former position by Buhari to counter the suspension imposed on her by the Minister of Transport, Chibuike Amaechi.
But Buhari said he has no intention of reversing her sack as the managing director of the top maritime agency. “The alleged reappointment of the 3rd Defendant (Hadiza Bala Usman) upon which this Court is being called upon to adjudicate has since been terminated by the 1st Defendant (Buhari) and the instant suit overtaken by the event of that termination,” Buhari said.
The president position is contained in an affidavit he submitted at the Federal High Court in Lagos on July 12 while responding to a suit instituted against him by Elder Asu Beks, a maritime media chief executive.
Beks is Chief Executive Officer of Maritime Media Limited, publishers of Shipping World Magazine. Other plaintiffs in the suit are Tompra Abarowei and Mr Miebi Senge.
The trio had on March 25, 2021 filed the suit challenging the powers of the president to unlawfully constitute the board of the NPA, as well as appointment of its Executive Directors without recourse to the statutory provisions of the Nigerian Ports Authority (NPA) Act. They joined Bala Usman in the suit, insisting that Buhari prematurely reappointed her, six clear months before her tenure expires.
Trouble started for the former NPA boss when President Buhari approved her suspension, as NPA’s executive director of finance and administration, Mohammed Bello-Koko was named to lead the organisation in acting capacity.
The suspension was to allow a probe of allegations of improprieties against Usman to take place unhindered. The probe is at the instance of the supervising transport ministry, headed by Rotimi Amaechi.
Buhari said in the affidavit the plaintiffs have no “locus standi” to institute the suit in the first place and that the Federal High Court lacks the jurisdiction to entertain the suit.
He said the suit against him has become purely academic, and “That it is in the interest of Justice to dismiss the plaintiffs suit in its entirety or against the first defendant.
“We submit that it is clear from the Plaintiff‘s affidavit, the questions for determination as well as the reliefs sought. It is obvious that the Plaintiff neither suffered any injury as a result of the act or omission of the 1st Defendant.
“It is also evident that the claim against the Defendants is that the court should declare the alleged action of the 1st Defendant re-appointing, nominating and setting up of board of NPA illegal as it contravenes section 2 and 10 NPA Act Cap N126, LFN 2004, even without stating that they have suffered any personal damage beyond any other person as a result of the said appointment.
“My Lord. it is our submission that the Plaintiffs here does not possess the requisite locus standi to institute this action. Locus sandi denotes the right of a party to institute an action in a court of law.
In the suit number FHC/L/CS/485/2021, filed by Beks through his lawyer, Mike Ozekhome, SAN the maritime veteran also joined the Minister of Transportation, the Managing Director of and the Chairman, Board of NPA, Emmanuel Adesoye.
The plaintiffs held that the newly constituted Board of NPA has no Representative of the Ministry of Transportation as enshrined in the statues of the NPA Act and that it reflected complete disregard for professionalism and requisite expertise in shipping and ancillary maritime matters for its members.
Meanwhile, Mohammed Koko has since been appointed as acting managing director by the president. He is yet to be confirmed.
