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Senators attack Acting President, Yemi Osinbajo over appointment of Ibrahim Magu
The Senate on Tuesday called out Nigeria’s Acting President Yemi Osinbajo to a constitutional fight over Ibrahim Magu, the acting chairman of the Economic and Financial Crimes Commission.
The Senators unanimously resolved today to suspend all confirmation requests from the executive until decisions of the legislature are respected by Acting President Yemi Osinbajo.
One of the decisions was the non-confirmation of Magu twice by the senate. Senators now wanted Magu sacked immediately.
In a four-prayer motion unanimously adopted by the lawmakers, the Senate frowned at a statement credited to the Acting President Prof. Yemi Osinbajo that the Senate had no power to confirm the chairman of the EFCC.
The decision of the Senate arose from a motion raised by Senator Ahmed Sani following a letter requesting the confirmation of Mr Lanre Gbajabiamila as Director General of the National Lottery Commission.
With particular reference to the rejection of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, the Senate insisted that the Executive must respect the constitution of the Federal Republic of Nigeria or go to court to seek a redress.
The upper legislative chamber stressed that it was an illegality for Magu to still be parading himself of the chairman of the Commission after being rejected by the body constitutionally empowered to approve or reject his appointment.
The Acting President Prof. Yemi Osinbajo was credited as saying that the Senate does not have power to reject the appointment of Magu as Chairman of EFCC.
The Senate therefore frowned at the comment credited to the acting president and approved the following prayers:
“That the Senate suspends all issues relating to confirmation of nominees from the executive until all issues of confirmation as contained in the constitution and laws of the Federation are adhered to.
“The Acting President must respect the constitution and laws as it relates to confirmation of appointments.
“The Acting President should immediately respect rejection of nominees by the senate yes.
“The Acting President should withdraw the statement credited to him that the Senate does not have the power to confirm certain nominees,” the Senate approved.
This is the second time the senate is taking a resolution against the executive for its refusal to adhere to the rejection of Magu and the Chairman of the EFCC.
In March, the Senate suspended the confirmation of INEC Resident Electoral Commissioners to protest the refusal of the executive to implement the legislature’s rejection of Magu as EFCC boss.
The President of the Senate Bukola Saraki who commended Sen. Sani for the motion stressed that the Senate could not continue to make laws and resolutions that would be flagrantly disobeyed.
He urged the Acting President to take appropriate actions on all resolutions and laws of the Senate.
“Distinguished colleagues, let me thank Senator Yerima for coming under Privileges. I think this matter is a very important matter but I think we need to address it once and for all and put it behind us.
“As a society, we can’t pass laws and see these laws not being obeyed. It is very clear these resolutions as passed must be acted upon by the Acting President and ensure that we continue to respect our democracy, our laws and constitution.
“It is not for us to choose which laws we obey and which laws we don’t obey. That is not the way any civilised, modern society works.
“We hope that the Acting President will take appropriate action in line with these resolutions,” he said.
While contributing to the motion, Deputy President of the Senate Ike Ekweremadu said that the constitutional provision upon which Osinbajo made his comment only applied to personal staff of the President.
Ekweremadu therefore stressed that the Senate is adequately empowered by law to confirm or reject any appointment by the President.
Sen. George Thomson Sekibo said that it appeared like there was a calculated action to quieten the National Assembly.
He however stressed that there was a clear constitutional provision that empowered the Senate to confirm all appointees of the President.
“If the Acting President says we do not have power to return any nomination I wonder if he is in touch with the EFCC Act: The EFCC Act states that the President shall nominate and Senate will confirm.
“If you reject one law, you have will reject the constitution. The Constitution did not give room for acting appointment after a nominee has been rejected by the Senate.
“If the Acting President says we do not have the power to confirm and then turns around to send us a nomination, which one do we now take?
“I think Senate should put a suspension on this nomination until this issue is resolved so that we know if we have the power to confirm or not,” he said.
For Sen. Isah Hamman Misau, sending a candidate to the senate for confirmation amounted to double standards by the Acting President Osinbajo.
He said that the senate must stand and face the challenges against the institution.
“If the executive was not ready for democracy then they should tell us and propose another system of government,” he said.
Senator Sam Anyanwu in his view said that the Senate should not even be accepting nomination letters from the executive, let alone considering them on the floor of the Senate.
He said that the comment of the Acting President had given impetus for more comments, adding that a report this morning was calling for the senate to be scrapped.
“We must try to stand our ground. If the leadership doesn’t do anything about this matter within 48 hours, we would move against this leadership,” he said.
Senator Dino Melaye, who is currently facing threat of recall, also added that the senate must not accept the comment of Prof. Osinbajo.
Melaye said that the National Assembly which is a mark of democracy, must not be allowed to be destroyed.
“It is time for the Senate to tell the executive arm of government that it must stop approbating and reprobating.
“Magu came for a job interview and failed and he was rejected. As we speak, Magu is still parading himself as the chairman of EFCC.
“The integrity of the Senate is at stake. This senate cannot be disregarded and insulted: our authority to confirm cannot be eroded.
“I am moving a motion that it becomes abominable to read any other confirmation report in this chamber until they act on our position.
“Those who have failed should go back. Magu is not the last Nigerian Angel. He can serve this country in another capacity,” Melaye said.
Senator Olusola Adeyeye, the Chief Whip of the Senate reminded the executive that the difference between Military rule and Democracy was the existence of the legislature.
“Whether you serve in the executive, legislature or judiciary, everyone is called to obey the laws of the republic.
“If there is any law passed by NASS, signed by the President and gazetted, no one has the permission to dance around that law.
“Whoever has a problem with any law should go to court. Until a court declares it null and void, it remains the law of the land. Anyone who does not respect it is breaking the law of the land.
“I want to say here that I voted yes for Magu, but this is not about my view. The Senate of the Federal Republic of Nigeria voted no and I stand with the Senate.
Business
FLOUTING CONTRACTUAL OBLIGATIONS, DEFYING COURT ORDERS, AND DISREGARDING ARBITRATION: THE FACTS BEHIND HADIZA BALA USMAN’S ABUSE OF OFFICE AS NPA MD
FLOUTING CONTRACTUAL OBLIGATIONS, DEFYING COURT ORDERS, AND DISREGARDING ARBITRATION: THE FACTS BEHIND HADIZA BALA USMAN’S ABUSE OF OFFICE AS NPA MD
By BUA Group | May 31, 2025
We have noted recent public statements made by Ms. Hadiza Bala Usman, the former Managing Director of the Nigerian Ports Authority (NPA), who was sacked from office. In her comments, she accused BUA Group and our Chairman, Abdul Samad Rabiu, of breaching a concession agreement and distorting facts. These claims were made in response to our Chairman’s interview and article, “Two Years of President Tinubu: A Business Perspective” (watch at https://bit.ly/pbatbua), which celebrated Nigeria’s reform trajectory and referenced prior instances of arbitrary disruptions to business operations, without naming anyone – a situation that has now been curtailed by President Tinubu’s no-nonsense approach to bringing sanity and stability to the business environment in Nigeria.
Ordinarily, we would not engage, but the distortions in her response necessitate this factual clarification, especially as they relate to her actions during her tenure as MD of the NPA.
THE CONTRACT AND WHAT SHE OMITTED
In 2006,
BUA entered into a valid long lease agreement with the NPA to rehabilitate and operate Terminal B at Rivers Port in Port Harcourt, Rivers State. Long before Ms. Usman’s appointment, BUA had begun formal engagement with the NPA to address outstanding remedial works and infrastructural deficiencies. These discussions were nearing their conclusion when she assumed office.
Rather than build on that process, Ms. Usman ignored BUA’s requests and obligations under the agreement. In 2016, BUA wrote to the NPA under Article 8.4 of the lease, mandating concessionaires to report environmental and safety concerns and to seek approval for remedial works. Rather than act constructively, Ms. Usman used that letter as a pretext to issue a termination notice and summarily shut down the terminal, without providing any prior warning, consultation, or invoking the dispute resolution clause.
She forgot or failed to disclose in her response that the NPA, under her leadership, was itself in material breach of core obligations including, failing to hand over critical portions of the port, leaving derelict iron ore on the berths, failing to dredge or repair quay walls, and neglecting to provide mandatory security. These lapses were significant impediments to BUA’s operations and, as a result, led to disputes between the parties.
ILLEGALITY, CONTEMPT, AND DISREGARD FOR CONTRACTUAL MECHANISMS
After the unlawful termination, BUA approached the Federal High Court, which promptly granted an injunction restraining the NPA from proceeding with termination. The NPA itself then referred the dispute to arbitration, as stipulated in Section 17.3 of the agreement, which clearly states:
“Any dispute, controversy or claim… shall be exclusively and finally settled under the dispute resolution process prescribed in this Article.”
Despite this, Ms. Usman, against the advice of her agency, unilaterally decommissioned the berths, thereby violating both the agreement and a 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.
To further compound the illegality, BUA, after providing the guarantees and indemnities requested by the NPA, was permitted to resume operations briefly. Merely three weeks later, the terminal was again shut down, this time by Ms. Usman’s instruction. This left no doubt that her actions were motivated not by due process, but by personal animosity and abuse of office.
BUA subsequently filed contempt proceedings and was looking at estimated losses of over $10 million. These proceedings were only withdrawn out of respect for national interest and following the intervention of well-meaning Nigerians within and outside the government.
PRESIDENT BUHARI WAS NOT MISINFORMED—HE ACTED ON FACTS AND LAW
Ms. Usman’s claim that former President Muhammadu Buhari was “misinformed” when he reversed her actions is false, disrespectful, and disingenuous.
Following a meeting that our Chairman had the privilege of holding with President Buhari in 2018, he presented the matter to the President, who then directed the Office of the Attorney General of the Federation to conduct a thorough legal review and investigate the situation. The AGF invited all parties, including Ms. Usman, to several meetings. We never saw her at any of them.
Nevertheless, the AGF proceeded to undertake a comprehensive review of the contract, the litigation, the arbitration clause, and all correspondence and actions by BUA and NPA. The legal advice (attached herewith) found that the termination was unlawful, the decommissioning was without any legal basis, and that BUA’s rights should be reinstated.
It was on this basis that President Buhari ordered the reversal of her unlawful actions. His intervention preserved the sanctity of the contract, saved over 4,000 jobs, and BUA’s $500 million integrated investment cluster involving flour, pasta, and sugar processing facilities, which were all dependent on terminal access. For this, we remain deeply grateful to former President Buhari.
As our Chairman said in his interview, imagine if he weren’t privileged to have access. Nonetheless, this culture of impunity has been significantly curtailed under President Tinubu’s leadership, as many are aware that they could be dismissed or imprisoned if they abuse their positions.
POST-HADIZA: DUE PROCESS RESTORED, INVESTMENT RESUMED
Following Ms. Usman’s removal from office, the NPA, under new leadership, implemented the AGF’s position. In 2022, BUA was granted formal approval to resume reconstruction works. The contract was awarded to TREVI, and BUA has since invested over $65 million—entirely self-funded and with no recourse to public funds or subsidies. Work is ongoing, and completion is expected in the first quarter of 2026.
THE REAL DANGER: INVESTOR CONFIDENCE AND THE RULE OF LAW
We must state clearly that this matter goes beyond BUA. Had Ms. 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. We must never return to that era.
Nigeria’s reform success today is rooted in respecting contracts, due process, and investor confidence—principles being restored under President Tinubu’s administration, under which BUA has committed over $1 billion in new investments across energy, food processing, manufacturing, infrastructure, and social interventions.
We wish to emphasise that Ms. Usman is entitled to her opinions, irrespective of how distorted they may be. However, she is not entitled to distort the facts or rewrite history. We do not seek a public spat and would like her to concentrate on fulfilling her duties in her new role under the strong leadership of President Tinubu.
We therefore simply restate the facts that Ms Hadiza Bala-Usman had no authority to decommission Terminal B unilaterally. She also acted in defiance of a court injunction and contractual procedure, and her actions caused significant economic loss of over USD10 million, reputational risk to BUA, and investor concern for Nigeria.
Our core message remains the same: public office should be viewed as a position of trust rather than a platform for personal biases. Those granted public power need to resist the temptation to let prejudice, ego, and vendetta influence their actions.
If Ms Hadiza Bala-Usman believes she acted lawfully, we challenge her to cite the specific clause or clauses that guided her unlawful actions. If not, let the facts remain where they belong — in the public record.
Signed,
BUA Group
May 31, 2025
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