The management of Intels Nigeria Limited on Tuesday said that it will find an amicable resolution between it and the Nigerian Ports Authority, NPA, rather than resort to court over the recently cancelled vessel Pilotage service contract by NPA,
While giving an update on the matter, Mr. Mike Epelle, General Manager Legal, said that as a matter of policy, they would rather explore an amicable solution, stressing: “We don’t want to rush to court.”
On the TSA issue, Epelle said that Intels had not refused into the Treasury Single Account, explaining that it did want its commission to be paid into the account.
He further explained that Intels was ready to pay NPA’s dues from the collection of pilotage service into the TSA after its deduction would have been made, a suggestion NPA objected to insisting to have all collection paid and after reconciliation, Intels will receive its commission from port authority.
He also said that in the agreement, there clauses for dispute resolution adding that NPA did not follow the mechanism before terminating the contract.
He said “We could pay into TSA but not the manner NPA wanted, we want to keep our commission and pay what is due to NPA.
“We told NPA to do TSA that is objective and applicable.”
He explained that before Intels got the contract, NPA was making a paltry sum of $6.5million annually, after Intels took it over, it made over $200million in its first year adding that in another year, it made $210million.
“Before we took over the contract of pilotage services, the government of Nigeria was losing billions of Naira as a lot of shipper owner evaded the payment of these dues and levies.
“The contract entitles us to monitor the movement of vessels that come and Sail out of Nigeria, as vessels move in and out of the channels, they are expected to certain dues and levies.
“When NPA was doing it, they were not efficient and government was losing money.”
Epelle also faulted the interpretation of the contract by the Attorney General of the contract noting that the Attorney General does not have the authority to direct NPA to cancel the as a court of law has such authority.
TheNewsGuru.com reports that the Managing Director of NPA, Ms Hadiza Usman had on Monday maintained that the boats pilotage monitoring and supervision contract with INTELS remains terminated.
The NPA boss told newsmen on Monday in Lagos that the contract was terminated on the advice of the Attorney-General of the Federation (AGF) and Minister of Justice, Malam Abubakar Malami.
According to her, the legal advice was contained in an AGF’s letter dated Sept. 27, 2017, which was a response to NPA’s May 31, 2017 letter in which it sought clarity on the matter.
Usman said that she had raised letters and held several meetings with INTELS management to comply with the Federal Government’s directive on the Treasury Single Account (TSA) since she assumed office 15 months ago.
“They (INTELS) maintained their stand not to make payment to NPA. They want to deduct 28 percent commission and other costs.
“NPA says a TSA account has been opened and that at the end of the month, there will be reconciliation of accounts but INTELS refused.
“Will I spend 15 months talking to a company to comply with the constitution of the country?” she asked.
Usman explained that all further attempts by the NPA to get the company obey the payment directive was met with various excuses.