ABUJA — A prosecution witness in the trial of former Minister of Aviation, Hadi Sirika, has admitted before the Federal Capital Territory (FCT) High Court in Maitama, Abuja, that the N599 million consultancy contract at the centre of part of the case had no direct link to the former minister in the contract award document.
The witness, Christopher Odifin, who testified as the 12th prosecution witness (PW12), made the admission on Thursday during cross-examination by Sirika’s counsel, Kanu Agabi, SAN.
Odifin told the court that Sirika neither signed the contract award letter nor served as a member of the ministry’s ministerial tenders board responsible for awarding the disputed contract.
The case is being heard by Justice Sylvanus Oriji, with the Economic and Financial Crimes Commission (EFCC) prosecuting Sirika, his daughter, Fatima, his son-in-law, Hamma Jalal Sule, and a company allegedly owned by the couple, Al Buraq Global Investment Limited.
The defendants are facing a six-count charge bordering on alleged abuse of office and contract fraud involving approximately N2.8 billion. They have all pleaded not guilty.
Witness Says Sirika Was Not a Member of Tenders Board
During cross-examination, Agabi questioned the witness about the former minister’s alleged involvement in the award of the consultancy contract valued at N599 million.
Odifin admitted that Sirika did not sign the contract award letter and was not a member of the ministerial tenders board that awarded the contract.
The witness further told the court that nothing on the face of the contract award document indicated that the ministry’s Director of Procurement was prohibited from signing it.
According to Odifin, Sirika was charged because he allegedly approved the N599 million contract beyond his approval threshold and because the contract was awarded to an associate of the former minister.
The testimony placed the alleged approval, the identity of the contract beneficiary and the authority responsible for the award at the centre of the proceedings.
EFCC Witness Makes Admissions on Digital Evidence
The prosecution witness also made admissions concerning digital evidence allegedly extracted from the telephone of former Permanent Secretary of the Ministry of Aviation, Abel Enitan.
Odifin acknowledged that the telephone from which the voice note was extracted was not before the court.
He also admitted that there was no evidence before him showing that the extracted material had been served on the owner of the telephone.
The witness further disclosed that the digital forensic report relied upon in filing the charges was prepared by another investigator, identified as Bello Gideon, and not by him.
He also told the court that he did not personally extract extrajudicial statements from officials of the Nigerian Air Force, the Federal Airports Authority of Nigeria (FAAN) and the Katsina State Government concerning the Katsina Airport apron expansion project.
Questions Raised Over Investigation and Additional Evidence
Under further questioning, Odifin said the EFCC had completed its investigation as of April 26, 2024, when the charges against the defendants were filed.
However, he said he was unaware of the additional proofs of evidence subsequently filed by the prosecution.
He also told the court that he did not know how the number of witnesses listed in the initial proof of evidence increased from 11 to 20.
The admissions emerged as defence counsel examined the prosecution’s investigation, the handling of digital evidence and the process through which additional evidence and witnesses were introduced after the charges had been filed.
Witness Says Fatima Was Not Company’s CEO
Responding to questions from counsel to the second defendant, Efut Okoya, Odifin admitted that Sirika’s daughter, Fatima, was not the Chief Executive Officer of Al Buraq Global Investment Limited, the company awarded the contract for the expansion of the apron at Katsina Airport.
The witness also confirmed that Abel Enitan was the permanent secretary of the Ministry of Aviation and chairman of the ministerial tenders board at the time the contract was awarded to Al Buraq Global Investment Limited.
The testimony brought the roles of the former minister, the permanent secretary and the ministry’s procurement authorities into focus as the court continued examining the prosecution’s allegations.
EFCC Alleges N2.8bn Contract Fraud
The EFCC is prosecuting Sirika and the other defendants over alleged irregularities in aviation-related contracts valued at approximately N2.8 billion.
Among the allegations is that Sirika abused his office to confer an unfair advantage on Al Buraq Global Investment Limited by influencing the award of a contract for the apron extension at Katsina Airport valued at N1,498,300,750.
The commission alleges that the conduct violated provisions of the Corrupt Practices and Other Related Offences Act, 2000; the EFCC (Establishment) Act, 2004; and the Penal Code applicable to the Federal Capital Territory.
The defendants have denied the allegations and pleaded not guilty to the charges.
The witness’s admissions during cross-examination form part of the evidence being tested by the defence. They do not, by themselves, determine the overall merits of the case, which remains before the court.
Court Adjourns Proceedings
Justice Oriji adjourned the case until October 20 for the continuation of the cross-examination of prosecution witnesses.
The proceedings are expected to continue with the defence examining the evidence presented by the EFCC in support of its allegations against the former minister and his co-defendants.
The latest proceedings have highlighted questions concerning Sirika’s role in the approval and award of the N599 million consultancy contract, the composition of the ministry’s tenders board and the handling of digital forensic evidence.
The court will ultimately determine the weight of the evidence and whether the prosecution has established the allegations against the defendants beyond reasonable doubt.
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