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APRIL 30, 2007 VOL. 21. NO 3

NAMASA’s Sinking Ship

**Mfon-Usoro, DG NAMASA**

Tension and uncertainties heighten in the National Maritime Administration and Safety Agency (NAMASA), as the Federal Government sets up a five-man panel to review the report of the investigative committee on the Agency’s trapped funds in failed banks
By Innocent Chukwu
There is absolute tension in the National Maritime Admin-
istration and Safety Agency (NAMASA), as the board of the agency led by Alhaji Tijani Ramalan finally locks horn with the Director-General, Mfon Ekong Usoro, in a war of attrition that has reduced the agency to a hostile work environment. The recent crisis, The Source gathered, erupted as a result of a stinker allegedly sent to a Federal Government panel against the alleged dictatorial tendencies of Usoro, by Ramalan.
Investigations reveal that after studying the recent report of the investigative committee on NAMASA’s trapped funds in failed banks, which variously indicted Usoro for running down the agency as well as other key officers of NAMASA, both serving and retired, the Federal Government penultimate week set up a review panel to look into the report and advice it accordingly before it will issue a white paper which would be gazetted for necessary action against those found wanting.
Members of the review committee who were drawn from the Transport Ministry are Baba Farouk Director, Maritime Services, as the chairman,Capt. Adamu A Biu, the current Executive Secretary (CEO) of the Nigeria Shippers Council (NSC), Adebayo Sarumi, managing director of the Nigerian Ports Authority (NPA), Nze Mazi (Secretary) and the legal adviser to the Federal Ministry of Transport (FMOT). Sources at the FMOT hinted that the five-man review panel was given a specific date to come out with the white paper, and it started sitting during the Easter week.
However, The Source learnt that since the review panel started working on the investigative committee’s report on NAMASA, tension has continued to reverberate in the agency. Investigations indicate that the cause of the disquiet centres on the pressure allegedly being mounted on the review panel members by both the Usoro and Ramalam camps. Competent source disclose that Ramalan wants the panel to look at the issues raised by the investigative committee critically, especially as it affects the incumbent DG of NAMASA, Usoro. In effect, he allegedly submitted fresh documents to the review panel, aimed at nailing the embattled helmsman of NAMASA.
Notedly, Usoro, on her own part is not relenting in her efforts to engage any available arsenal in order to remain the head of NAMASA, even though the popular view within and outside the agency is that her administration brings the parastatal to disrepute and so she should be relieved. A ministry source painted a picture of the NAMASA leader allegedly building more fortresses around her camp since the investigative committee indicted her so as to forestall her eventual exit.
She was quoted as boasting that her protagonists who hold sway in Aso Rock villa would not let her down, so “whether Ramalan and co. like it or not, I am here (in NAMASA). Nothing can shake me. Who set up the committee? Is it not the president? They (Ramalan camp) are all jesters.” Consequently, The Source learnt that several millions of naira are allegedly being spent in gratifying the review panel to work in the favour of the DG, NAMASA.
Also, dependable sources in the FMOT told The Source that Usoro is really in a quagmire because, according to them, the NAMASA boss is not in good terms with the FMOT, especially the Minster of State (MOS), Habib Aliyu and the board of NAMASA because of alleged arrogance and flouting of official protocol. The Source further gathered that Usoro has an axe to grind with the Executive Directors of the agency who she has sidelined in the running of the parastatal because of their constant challenge of most of her actions which run against the dictates of the civil service.
“In fact, she is already in a mess. Or, what do you think? A woman that does not have good working relationship with the Minister of State, she fights against the board chairman every now and then and would not take any instructions from the board, so, how can she survive? Imagine that all the EDs (Executive Directors) in the agency and even directors who oppose her policies are not in good terms with her, so how can she survive with Ufot Ekaette (secretary to the Federal Government) and Iyabo Obasanjo?,” a ministry source who pleaded anonymous lamented.
Indeed, it appears though in the course of discharging her duties to keep NAMASA afloat, Usoro may have wittingly or unwittingly stepped on many toes which may have begun to haunt her. Perhaps, her alleged manner of breaking official protocol and bureaucratic rules are largely part of her albatross at NAMASA, as sources contend that this has pitted both her superiors at the FMOT and board, and NAMASA staff against her.
As a confirmation to the fore-going, recently, The Source’s investigations indicate that the DG, NAMASA has officially responded (in writing) to the investigative committee’s report which indicted her and allegedly sent her response direct to the president, Chief Olusegun Obasanjo– even before it got to the FMOT. More worrisome, The Source gathered, is that such response came even before the committee’s report was sent to the president for his perusal.
In fact, according to investigations, Usoro had been in possession of the committee’s report since Tuesday, March 20, 2007 and had worked on it (response) since then, while it was alleged that the president had not been duly informed about the report before then. The Usoro response on the investigative committee’s report, which has drawn the ire of the FMOT against her, was allegedly ready before 3 a.m on Wednesday, March 21, a day after she got a copy of the report from Abuja.
In fact, she is currently being accused by the FMOT of consistently breaching official protocol which led to her submission of the said response directly to the president before the Ministers of Transportation, Cornelius Adebayo and Aliyu.
A staff of the ministry who spoke to The Source on telephone from Abuja said: “There is a channel of communication, but she (Usoro) is dealing directly with the president, so it is confirmed that she is autocratic.
“Her response is not to be submitted to the president direct, rather to the MOS and then the Honourable Minister before he (Adebayo) takes it to the president. Well, since she has Iyabo and Ufot (Ekaette) working for her, the ministers must be slighted,” the angry official submitted.
Ego Nwokocha, image maker of NAMASA, would not comment on these issues. In fact, her rather dismissive response when The Source brought up the issue in her office was a simple “I don’t know what you are talking about.”
Yet, the Usoro response and defence–which copy was made available to The Source–faulted the federal government’s investigative panel, arguing that it acted ultra vires its powers, especially in its 7th Terms of Reference (TOR), “Any other matters considered necessary.” Usoro accused the committee of a “pre-determined agenda” in the report that indicted her, arguing that the committee failed to understand properly, the meaning or import of the TOR.
Accusing the committee of changing the original wordings of item 7, “Any other relevant matter” to “Any other matter considered necessary,” Usoro said: “The version of the TOR that was sent to NAMASA vide the Federal Ministry of Transport’s (FMOT) letter with reference number T.0588/5.30/1/137 of 12, January 2007 (Exhibit 12) mandates the committee in its item 7 to “consider any other relevant matter.” The preceding TOR items all have to do with the Agency’s trapped funds and a consideration of “any other relevant matter” can only be read and understood in the context of the committee’s primary agenda item and assignment i.e. issue of trapped funds.
“The committee, in its report, unilaterally altered this last TOR item to read “Any other matter considered necessary.” That unilateral alteration was also ultra vires the committee’s powers. But even if the last TOR item was to read in the manner that the committee wished, the ejusdem generic principle of interpretation would still delimit this last generic TOR only to matters relevant to the committee’s primary assignment i.e. issue of trapped funds…
“By unilaterally altering its TOR, albeit ineffectually, the committee betrayed its actual purpose and intention ab initio to pursue an agenda outside of what the president approved. That single-minded agenda or objective, as my subquent response and review of the committee’s report would bear out shortly, was undoubtedly to build a straw-like case for my removal as the NAMASA DG.”
Having defended herself against the issues raised by the committee’s report, Usoro concluded by saying: “I resisted the pressure from the chairman (Ramalan) and the ED (AFCS) (Administration, Finance and Corporate Services–Dr. Adegboyega Dosumu) to introduce new banks such as Skye Bank promoted by the ED (AFCS) without an objective assessment of their compliance with NAMASA published criteria. For emphasis, that discussion was totally unconnected with recovery of trapped funds.”
Meanwhile, The Source gathered that the NAMASA boss intends to drag the committee to court for allegedly rubbing mud on her image and reputation. Infact, inside sources disclosed that she has perfected documents to sue the committee, the MOS, Ramalan and some other key officers of NAMASA for complicity. However, she was said to have been restrained by the realisation that it may work against her if she, as a sitting parastatal head, goes into litigation with a Federal Government committee. For now, inside sources hinted, she may not initiate legal action against anybody until when she probably leaves the services of NAMASA.
Remarkably, some moves appear potent on the side of the embattled NAMASA DG. One, she has in recent times intensified media campaigns to launder her image as a seasoned leader. The Source learnt that several millions of naira are allegedly being spent on media image laundering by the NAMASA boss. Besides, she is said to have allegedly begun a vendetta mission against perceived opposition in the agency, but the nature of this move, especially against loyalists of Ramalan is still not clear yet, “but it may not be unconnected with transfer, swapping of offices and outright dismissal,” a NAMASA source said.