Alleged N19.4bn Fraud: Court reschedules ex-minister Sirika's trial for EFCC to provide documents

The FCT High Court in Abuja on Tuesday adjourned proceedings in the N19.4 billion trial of former Minister of Aviation Hadi Sirika to enable the Economic and Financial Crimes Commission EFCC) to provide a set of documents requested by the defence team.

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EFCC is prosecuting Mr Sirika along with his younger brother, Ahmad Abubakar, and two companies, Al-Buraq Limited and Enginos Nigeria Limited, on charges of abuse of office, criminal breach of trust, use of position for gratification.

The case contains 10 counts alleging that the former minister awarded various contracts worth about N19.4 billion to his younger brother.

On Tuesday, the unavailability of a set of documents relating to the flagged contracts prevented the defence team from cross-examining prosecution witness Ganiyu Yesufu, who is the Director of Compliance at the Bureau for Public Procurement (BPP).

At the start of the proceedings, Michael Numa, a Senior Advocate of Nigeria (SAN) who stood in for Mr Sirika’s lead defence counsel Kanu Agabi, also a SAN, requested Exhibit C1 with documents labelled ‘Annexure 2’ comprising the contract document and approval letters.

But the prosecution lawyer, Rotimi Jacobs, also a SAN, said Annexure 2 was not available.

Mr Numa then reminded the court that the prosecution had promised during a previous hearing to produce the set of documents.

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But Mr Jacobs told the court that he did not have the documents, adding that their absence was not enough to stop Mr Numa from going on with his cross-examination.

Responding, Mr Numa told the court that he could not proceed with the cross-examination without the documents which he said were pivotal to his cross-examination.

After some further back-and-forth, Mr Jacobs requested an adjournment to enable him to produce the documents.

In a ruling, trial judge Suleiman Belgore urged the prosecution to make the document available to the defence for the cross-examination of the witness.

He then adjourned proceedings until 25 March.

Charges

In the charges alleging N19.4 billion fraud, the EFCC accused Mr Sirika of conferring unfair advantage upon Enginos Nigeria Limited whose alter ego was his biological brother, Mr Abubakar, by using his position to influence the award of contract for the construction of a terminal building at Katsina Airport for the sum of N1,345,586,500.

The EFCC further alleged that the former minister used his position to influence the award of contract for the establishment of Fire Truck Maintenance and Refurbishment Centre at Katsina Airport for the sum of N3,811,497,685.

It also, among others, alleged that Ahmad and Enginos Nigeria Limited had possession of the aggregate sum of N2,337,840,674.16 which they knew indirectly represented the proceeds of criminal conduct of the former minister.

The offence, according to the EFCC, contravened the provisions of Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.

EFCC also accused the defendants of violating section 17(b) of the EFCC (Establishment) Act, 2004 as well as Section 315 of the Penal Code Act, Cap 532, Acts of the Federal Capital Territory, and punishable under the same Acts.

The defendants, however, pleaded not guilty to the charge preferred against them.

Mr Sirika faces a separate, ongoing fraud trial before another FCT High Court judge Sylvanus Oriji.

In the case the EFCC charged Mr Sirika alongside his daughter, Fatima Sirika, son-in-law, Jalal Hamma, and a company, Al Buraq Global Investment Limited, with contract fraud and abuse of office.

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The former minister, according to the EFCC, abused his office as minister by conferring unfair advantage upon Al Buraq Global Investment Limited, whose alter ego are said to be his daughter and son-in-law, by using his position to influence the award to them, the contract for the apron extension at Katsina Airport for the sum of N1,498,300,750.

This, the prosecution said, is contrary to Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act 2000 and Section 17 (b) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 as well as Section 315 of the Penal Code Act, Cap 532, Acts of the Federal Capital Territory and punishable under the same sections.

The defendants, however, pleaded not guilty to the charges.