An Economic and Financial Crimes Commission (EFCC) investigator on Wednesday told an FCT High Court in Abuja how former Minister of Aviation, Hadi Sirika, allegedly disguised an Ethiopian Airlines aircraft as Nigeria’s national carrier during the former President Muhammadu Buhari administration.
EFCC’s 12th prosecution witness, Christopher Odofin, revealed that the aircraft was loaned to Nigeria for just three days from 27 to 29 May 2023. He testified that the plane was flown back to Ethiopia immediately after being passed off as a Nigeria Air national carrier.
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According to the witness, this was contained in a portion of the contract agreement with Ethiopian Airlines, which he read out in court.
Mr Odofin also told the court that the contract was awarded to the company, Tanaero Nigeria Limited (TNL) belonging to Mr Sirika’s close friend, Gabriel Tilmann.
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The EFCC is prosecuting Mr Sirika alongside his daughter, Fatima Sirika, and her husband, Jalal Hamma, alongside the couple’s firm, Al Buraq Global Investment, on six counts, including contract fraud involving N2.8 billion.
In one of the charges, the EFCC accused Mr Sirika of using his position to confer an unfair advantage on TNL for the Nigeria Air startup. All the defendants denied the allegations.
Testifying on Wednesday, Mr Odofin said EFCC’s team analysed a voice note attributed to Mr Sirika insisting the contract must be awarded to TNL.
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“The investigating team arrived at this position when the phone of one Enitan Muyiwa Abel, who was a Permanent Secretary in the first defendant’s ministry, was analysed, showing a voice note sent to the Permanent Secretary while the first defendant (Mr Sirika was in Spain instructing him to ensure that the contract was awarded to TNL,” he said.
In May 2023, while still in office, Mr Sirika promised Nigerians that the Nigeria Air would take off before he left office. He purportedly fulfilled the promise three days before he vacated office.
The purported unveiling was fraught with concerns. First, in June 2023, the Nigerian Civil Aviation Authority (NCAA) rejected an application from Nigeria Air seeking certification to proceed to “phase two” in the process of obtaining an Air Operator’s Certificate (AOC).
According to the NCAA’s rejection letter, there was no adequate preparation for the airline’s operation.
Also, the former minister had disclosed earlier in 2022 that Ethiopian Airlines emerged as a core investor in Nigeria Air with a 49 per cent shareholding.
This did not sit well with local airline operators who claimed they could manage Nigerian Air better than a foreign airline.
During the unveiling, only one aircraft belonging to Ethiopian Airlines was unveiled at the ceremony; this generated widespread concern.
How the aircraft was allegedly passed off
On Wednesday, Mr Odofin testified that a portion of the contract agreement with Ethiopian Airlines read, “The aircraft will depart from Addis Ababa (ADD) late evening of 26 May 2023, for it to be positioned early morning of 27 May 2023 at the Abuja (ABV) airport. The aircraft will stay in ABV airport for static display of Nigeria Air livery until May 28, 2023.
“The aircraft will leave ABV airport early morning on 29 May 2023. The chartered flight will be operated by the Ethiopian Airlines crew in Ethiopian Airlines uniform. The Federal Government of Nigeria and Nigeria Air may put together local models who will be in Nigeria Air uniforms to pose for ceremonial pictures. The models may come to Addis Ababa so they may fly with the chartered flight to ABV.”
This was a deliberate ploy to deceive Nigerians that the former minister had fulfilled his promise, the witness said.
“Less than 72 hours after the display of the aircraft, the Nigeria Air logo was removed from the aircraft and flown back to Ethiopian Airlines in Addis Ababa,” the witness said.
The witness also said information and documents existed to corroborate his claim, which he said the youEFCC received after it had written to Ethiopian Airlines.
On 24 May 2023, a charter agreement with Ethiopian Airlines was entered into five days to the expiration of the defendant’s tenure for just a static display of the Nigeria Air logo on an aircraft, the witness said.
The EFCC tendered the documents as evidence as well as a compact disc containing a voice note from Mr Sirika. The anti-graft agency applied that the voice note be played at the next court hearing.
According to the witness, the contract originally awarded to TNL for over N299 million on 4 April 2022 was later extended on 17 October 2022. On Mr Sirika’s instructions, the extension pushed the total contract above N599 million.
Trial judge Slyvanus Oriji adjourned the case until 10 June.
Highlight of past testimonies
Several witnesses testified earlier in the case. For instance, the fifth prosecution witness, Musa Odiniyan, who is a retired director in the Procurement Department of the Ministry of Aviation, testified that the contract payment during Mr Sirika’s tenure was expedited to ensure the project was completed and commissioned before former President Buhari left office.
Mr Odiniyan also testified that Al Buraq (affiliated to Mr Sirika’s co-defendants) was unqualified and would not have won the contract under a fair bidding process.
Also, Mr Odofin earlier narrated how a petition from the coalition of aviation workers prompted EFCC’s investigations into Mr Sirika and his co-defendants.
He told the court how the former Minister of Aviation allegedly split a contract to bypass regulatory oversight and scrutiny in favour of family-linked companies.
However, on 23 April, the court rejected key exhibits presented by the EFCC to support some elements of the N2.8 billion fraud charges against the defendants.
The judge ruled that the statements of the second and third defendants (Ms Sirika and Jalal Hamma) made at the EFCC office were inadmissible for non-compliance with the provision of relevant law.
Aside from the case, the EFCC is also prosecuting Mr Sirika alongside his brother and two companies on charges of abuse of office and contract fraud allegedly involving N19.4 billion in a separate trial.
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