The federal government has
asked the Nigerian Ports Authority (NPA) to void the boats pilotage agreement
it has with Integrated Logistics Services (Intels).
Intels, a
logistics and facilities services provider in the maritime and oil and gas
sectors, was co-founded by Gabriele Volpi, an Italian national, and Atiku
Abubakar, former vice president.
THISDAY reports
that Abubakar Malami, attorney general of the federation (AGF) and minister of
justice, said the contract was void ab inito.
He is said to
have relayed the government’s decision to Hadiza Bala Usman, managing director
of the NPA, in a letter dated September 27.
The letter
was entitled ‘Request for Clarification of Conflict Between Executed Agreement
and Federal Government Treasury Single Account Policy’.
Malami said
the agreement, which has allowed Intels to receive revenue on behalf of NPA for
17 years, violates sections 80(1) and 162(1) and (10) of the constitution.
The AGF
wondered if the management of the NPA and Intels, did not take cognizance of
the relevant provisions when negotiating the agreement in 2010.
“The inherent
illegality of the agreement as formed has since been expounded by the TSA
policy issued by the Head of Service of the Federation on behalf of the Federal
Government of Nigeria directing all ministries, departments and agencies to
collect payment of all revenues due to the federal government or any of her
agencies through the TSA,” the letter read in part.
“NPA being an
agency of the federal government is bound by the TSA policy and has not
howsoever been exempt therefrom. Due to the constitutional nature of the TSA,
where there is a conflict between the TSA and the terms of the agreement, the
TSA shall prevail.
“Therefore
all monies due to the NPA currently being collected by Intels and any other
agents/third parties on behalf of NPA must henceforth be paid into the TSA or
any of the sub-accounts linked thereto in the Central Bank of Nigeria
(information of the account will be communicated in due course) in accordance
with the TSA policy.
“In the
premise of the above, the conflict between the agreement and the TSA policy
presents a force majeure event under the agreement, and NPA should forthwith
commence the process of issuing the relevant notices to Intels exiting the
agreement which indeed was void ab initio.”
The
implication of the directive to terminate the agreement is that Intels stands to
lose several millions of dollars in commissions for the pilotage services it
handles on behalf of NPA on Nigerian coastal waters.
In 2015,
Atiku had described Intels, Nigeria’s biggest oil and gas logistics
company, as his most successful business.
Source: thecable.ng
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