Judge Sylvanus Oriji of the FCT High Court in Maitama, Abuja, on Tuesday, listened to a voice note which the Economic and Financial Crimes Commission (EFCC) believes to be former Minister of Aviation Hadi Sirika’s verbal instructions on a contract award.
Mr Sirika, who faces six charges relating to corruption in a N2.8 billion aviation contract, is believed to be instructing the then-Permanent Secretary of the Ministry of Aviation, Enitan Abel, in the voice note to award a consultancy contract to his friend.
“Do the right thing. Generate the necessary contract and give it to his company. In that way, we can be paying for his services,” part of the voice note played said of the contract allegedly awarded to Mr Sirika’s friend.
EFCC’s 12th prosecution witness, Christopher Odofin, said in his testimony on Wednesday that the voice belonged to Mr Sirika and was sent to Mr Abel.
Mr Odofin, an EFCC investigator, also said the company referred to by the speaker in the voice note was Tanaero Nigeria Limited (TNL), a firm he said belonged to Gabriel Tilmann, a friend of Mr Sirika.
The contract in issue is a consultancy services contract regarding the failed Nigeria Air national carrier, which the then-outgoing administration of President Muhammadu Buhari publicly unveiled days before handover in May 2023, but was later found to be a ruse.
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 failed Nigeria Air project.
All the deprfendants denied the allegations.
In June, the EFCC presented a compact disc (CD) containing the voice note, which could not be immediately played during proceedings due to technical issues.
During Wednesday’s proceedings, EFCC tendered the CD as an exhibit to pave the way for the voice note in it to be played to the hearing of the judge and the court audience.
Two defence lawyers – Michael Numa and Sanusi Mohammed, both SANs – did not deny the voice was Mr Sirika’s. They, however, opted to reserve their objection against the admissibility of the CD and its content for their final written addresses.
Voice note revelations
Listening to the voice note, the voice credited to Mr Sirika could be heard pitching Mr Tilmann as a suitable person to handle the consultancy contract.
The former minister described Mr Tilman as a trained captain and top manager who helped start up several airlines around the world, including Qatar Airlines, which he described as the best.
“Whatever we can get, he’s quite resourceful and very energetic…So he has what it takes.”
The speaker, who indicated that the voice note was sent from Spain, urged the listener, believed to be the then-permanent secretary of the aviation ministry, to bear with Mr Tilmann’s disposition due to his age (70) and his short-tempered nature of easily getting angry and irritated. The voice asked the receiver to be judgmental about Mr Abel.
The voice note also disclosed that Mr Tilmann was comfortable with the ministry because of the ex-minister.
“I mean, because of me, he feels very comfortable with the ministry.”
Mr Odofin told the court that Mr Tilmann’s being comfortable was tied to his friendship with Mr Sirika.
“People don’t like him. Because they feel he’s overbearing,” the witness said.
Fielding questions from the prosecution lawyer, the witness said officials felt that Mr Tilmann always imposed himself on people in the ministry. “So they don’t like him because of his relationship with the minister,” Mr Odofin added.
Defence lawyer, Mr Numa, representing the Al Buraq Investment, objected to the line of questioning, describing it as a call for speculation, adding that no foundation was laid for it to be appropriate.
In his intervention, the judge urged Mr Numa to raise the issues during his turn to cross-examine the witness. But Mr Numa maintained that the question was intentionally asked by the prosecution to create something for the press to hang on to.
Similarly, Mr Jalal’s lawyer, Mr Mohammed, chipped in that the question was for the EFCC’s website: “I am worried about the media trial.”
However, the judge urged the defence not to worry about the media but to carry out their duties with a clear conscience.
The voice note also disclosed a plan to attach someone to Mr Tilmann to show him how consultancy is done in Nigeria.
“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 plan would avert shortcharging and ensured “he doesn’t overprice us.”
Speaking further on this, Mr Odofin testified that Mr Sirika indeed attached his cousin, named Yasir, to Mr Tilmann, “to guide him in executing the consultancy contract.”
Defence pushes back
During cross-examination by Mr Sirika’s lawyer, Kanu Agabi, a former Attorney-General of the Federation and SAN, the witness referred to a request made to the Bureau of Public Procurement (BPP) by Mr Abel, the then-aviation ministry’s permanent secretary, requesting no objection to adopt the selective tendering method of procurement for critical capital projects in the ministry.
Mr Agabi asked if anything in the request suggested Mr Sirika induced the permanent secretary. After perusing the request, the witness replied, “There is nothing in this document that suggests the first defendant induced the permanent secretary.”
Again, Mr Agabi asked the witness to look through BPP’s response to the request and confirm if it implicated Mr Sirika.
The witness noted that he did not understand what he meant by implication. Mr Agabi retorted, “Whatever you understand by it.”
However, the witness insisted on his lack of understanding. Mr Agabi then asked if the response referred to the ex-minister. He said no, but that there was a reference to the ministry.
Mr Agabi then asked if Mr Abel’s action was wrong according to the BPP’s response. The witness said no.
“The reason why the permanent secretary is not charged is that you did not find anything wrong with him?” Mr Agabi asked.
Mr Odofin answered, “That is not true; it is not my duty to charge.”
Mr Agabi insisted on why Mr Abel was not in court for trial, but Mr Odofin maintained his stance that it was not his duty to take such a decision.
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Again, Mr Agabi directed the witness’ attention to a summary of the decision of the 23rd Ministerial Tenders Board (MTB) held in August 2022.
He asked the witness if the document contained Mr Sirika’s directives, but the witness insisted that the document was approved by Mr Sirika.
When Mr Agabi asked if Mr Sirika gave the approval within his jurisdiction, the replied “yes”.
Judge Sylvanus Oriji adjourned further proceedings till Thursday.
In June, Mr Odofin testified that Mr Sirika allegedly disguised an Ethiopian Airlines aircraft as Nigeria’s national carrier during the former President Muhammadu Buhari administration.
He also said the former minister violated due process in awarding the consultancy contract to a friend’s company.
Mr Odofin also said the payment for the contract was made in full to TNL. He added that Mr Sirika awarded the contract to TNL despite that firm being barely a year old.
