The High Court of the Federal Capital Territory, FCT, sitting in Maitama, Abuja, on Wednesday listened to a voice note which the Economic and Financial Crimes Commission, EFCC, alleged contained verbal instructions by former Minister of Aviation, Hadi Sirika, on the award of a consultancy contract linked to the failed Nigeria Air project.
Sirika is standing trial before Justice Sylvanus Oriji on six counts bordering on alleged corruption and contract fraud involving ₦2.8 billion.
He is being prosecuted alongside his daughter, Fatima Sirika; her husband, Jalal Hamma; and their company, Al Buraq Global Investment Limited.
All the defendants have denied the allegations.
The EFCC’s 12th prosecution witness, Christopher Odofin, an investigator with the commission, told the court that the voice in the recording belonged to Sirika and that the message was sent to the then Permanent Secretary of the Ministry of Aviation, Enitan Abel.
In the voice note played in court, the speaker, alleged to be Sirika, was heard saying: “Do the right thing. Generate the necessary contract and give it to his company. In that way, we can be paying for his services.”
Odofin testified that the company referred to in the voice note was Tanaero Nigeria Limited, TNL, a firm allegedly owned by Gabriel Tilmann, whom he described as a friend of the former minister.
The consultancy contract was linked to the failed Nigeria Air national carrier project, which was unveiled in the last days of the administration of former President Muhammadu Buhari in May 2023, but later became the subject of controversy and investigation.
In one of the charges, the EFCC accused Sirika of using his position as minister to confer an unfair advantage on TNL in relation to the Nigeria Air project.
The compact disc containing the voice note had earlier been presented by the EFCC in June, but it could not be played at the time due to technical issues.
At Wednesday’s proceedings, the prosecution tendered the CD as an exhibit to enable the court listen to its content.
Two defence counsel, Michael Numa, SAN, and Sanusi Mohammed, SAN, did not deny that the voice was Sirika’s, but reserved their objection to the admissibility of the CD and its content until their final written addresses.
In the recording, the voice credited to Sirika was heard presenting Tilmann as suitable for the consultancy contract, describing him as a trained captain and top manager who had helped establish several airlines around the world, including Qatar Airways.
The speaker also described Tilmann as resourceful and energetic, saying “he has what it takes.”
The voice note further suggested that the message was sent from Spain and urged the recipient, believed to be the then Permanent Secretary, to accommodate Tilmann’s temperament because of his age and tendency to get angry or irritated.
The speaker also said Tilmann felt comfortable with the ministry because of his relationship with him.
“I mean, because of me, he feels very comfortable with the ministry,” the voice said.
Odofin told the court that Tilmann’s comfort with the ministry was tied to his friendship with Sirika.
According to the witness, some officials in the ministry did not like Tilmann because they considered him overbearing and believed he imposed himself on people due to his relationship with the minister.
Counsel to Al Buraq Global Investment, Numa, objected to that line of questioning, describing it as speculative and arguing that no proper foundation had been laid.
Justice Oriji, however, advised the defence to raise the issue during cross-examination.
Numa maintained that the prosecution’s question was deliberately asked to create a point for the media, while Mohammed, counsel to Jalal Hamma, also expressed concern over what he described as “media trial.”
The judge advised the defence lawyers not to worry about the media but to discharge their duties with a clear conscience.
The voice note also referred to a plan to attach someone to Tilmann to guide him on how consultancy is done in Nigeria, which the speaker said was different from the European system.
“There’s a guy that I’ll attach with him. To help him see how consultancy is being done in Nigeria is different from Europe. I can help him with my family, my friend, my younger brother, or my cousin,” the voice said.
The speaker added that the arrangement would help prevent overpricing.
Odofin testified that Sirika later attached his cousin, identified as Yasir, to Tilmann to guide him in executing the consultancy contract.
During cross-examination by Sirika’s counsel, Kanu Agabi, SAN, a former Attorney-General of the Federation, the witness was shown a request made to the Bureau of Public Procurement, BPP, by the then Permanent Secretary seeking a “no objection” to adopt selective tendering for critical capital projects in the ministry.
Agabi asked whether anything in the document showed that Sirika induced the Permanent Secretary.
After examining the document, Odofin replied that there was nothing in it suggesting that Sirika induced the Permanent Secretary.
The witness was also shown the BPP’s response and asked whether it implicated Sirika. Odofin said the document did not specifically refer to Sirika but referred to the ministry.
When asked whether the Permanent Secretary’s action was wrong based on the BPP’s response, the witness answered in the negative.
Agabi further asked whether the Permanent Secretary was not charged because the EFCC found nothing wrong with him.
Odofin disagreed, saying it was not his duty to decide who should be charged.
The defence also referred the witness to the summary of the decision of the 23rd Ministerial Tenders Board meeting held in August 2022.
Agabi asked whether the document contained Sirika’s directives. The witness replied that the document was approved by Sirika.
Asked whether Sirika gave the approval within his jurisdiction, Odofin answered in the affirmative.
Justice Oriji thereafter adjourned the matter till Thursday for further proceedings.
In an earlier testimony, Odofin had alleged that Sirika disguised an Ethiopian Airlines aircraft as Nigeria’s national carrier during the unveiling of Nigeria Air under the Buhari administration.
He also alleged that Sirika violated due process in awarding the consultancy contract to his friend’s company and that full payment was made to TNL despite the firm being barely a year old at the time.
The post “Do The Right Thing” — Court Hears Alleged Sirika Voice Note In ₦2.8bn Aviation Contract Fraud Trial appeared first on TheNigeriaLawyer.
