A HIGH Court of the Federal Capital Territory (FCT) in Maitama heard on Thursday that the immediate past Minister of Aviation, Hadi Sirika approved the award of contracts to a company – Al Buraq Global Investment Limited – in which his daughter, Fatima Hadi Sirika and son-in-law, Jalal Sule Hamma have interests.
News Point Nigeria reports that a former Director, Procurement at Ministry of Aviation, Musa Odiniyan said this while testifying on Thursday as the fifth prosecution witness in the ongoing trial of Sirika, Fatima, Jalal and Al Buraq Global on a six-count charge bordering on corrupt practices.
In the charge, the prosecution alleged among others, that Sirika used his “position to confer unfair advantage upon Al Buraq Global Investment Limited, whose alter ego, Fatima Hadi Sirika and Jalal Sule Hamma, are your daughter and son-in-law, respectively, by using your position to influence the award to them, the contract for the Apron Extension at Katsina Airport for the sum of N1,498,300,750.”
Fatima is said to be a staff of the Nigerian National Petroleum Company Ltd, while Jalal Sule Hamma is described as an employee of the Nigerian Upstream Petroleum Regulatory Commission.
On Thursday, Odiniyan, while being cross-examined by Sirika’s lawyer, Michael Numa (SAN), insisted that for a contract to be executed, the minister must approve.
“The minister is the final approving authority for the award of contract. The minister has to approve the decision of the Ministerial Tender Board for the award of contract before the contract is implemented,” he said.
When asked about the role of the minister in the award of contract, the witness said the minister gives the final approval before the implementation of the contracts approved by the Ministerial Tenders Board (MTB).
Odiniyan, who was the Secretary of the MTB of the Aviation Ministry when the contracts in issue were awarded, said he issued the letters of award to the contractors after Sirika gave the final approval.
He said: “The role of the minister includes that, before the award of contract, the minister must approve before you issue the letter of award.
“For the letter of award to be issued, it is the minister that does the final approval.
“There were some projects that the minister did not approve and letters of award were not issued and they were not implemented.
“The minister gives the final approval of the award of contracts.
The ones he did not approve, we did not proceed to issue letters of award and the projects were not executed.
“Without approval, you cannot implement. There cannot be implementation without approval.
“The minister actually approved for implementation of the approval of the MTB,” the witness said.
Odiniyan, who said he retired from the Aviation Ministry about two years ago, told the court that he could no remember off hand all what transpired in respect of the contracts in issue, when pressed by Numa to give minute details.
He gave details about the process leading to to award of contract in the civil service and under the Public Procurement Act.
When asked why he issued letters of award to the contractors in respect of the projects in issue, the witness said, as the Secretary of the MTB, his issuance of the letters of award was pursuant to the approval of the Minister.
Numa, in the course of proceedings, tendered some statements made to the EFCC by the witness and a record of proceedings in another criminal case involving Sirika and his brother, Ahmad Sirika before Justice Suleiman Belgore (also of the HIgh Court of the FCT) in his (Numa’s) effort to contradict the witness on his evidence on Sirika’s role the award of the contracts in question.
At a point Justice Sylvanus Oriji decided to adjourn further proceedings till January 27.
Sirika, Fatima and Hamma are, in the charge marked: FCT/HC/CR/348/2024, accused of committing the following offences:
*Alleged consultancy contract fraud for Nigerian Air (N1,326,731,670.97)
• Alleged corruption related to the contract for Apron Extension at Katsina Airport (N1,498,300,750.00 ); and
• Alleged gratification (N1,310,142,051.16)
The EFCC the said fraudulent acts were committed by the suspects between April 2022 and March 2023.
It added that all the offences are contrary to Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act 2000, to Section 17 (b) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 and Section 315 of the Penal Code Act, Cap 532 Acts of the Federal Capital Territory and punishable under the same sections.
Counts in the charge reads:
* That you, Hadi Abubakar Sirika, while being the Minister of Aviation between April 2022 and March 2023, in Abuja within the jurisdiction of this Honourable Court, did use your position to confer unfair advantage upon Tianaero Nigeria Limited, whose alter ego Prof. Gabriel Tilmann, is your Associate by using your position to influence the award to them, the consultancy contract for the Nigerian Air Start-up and extension of same for the sum of N1,326,731,670.97 and you thereby committed an offence contrary to Section 19 of the Corrupt Practices and Other Related Offences Act 2000 and punishable under the same section.
*That you, Hadi Abubakar Sirika, while being the Minister of Aviation on or about 16th August 2022 in Abuja within the jurisdiction of this Honourable Court did use your position to confer unfair advantage upon Al Buraq Global Investment Limited whose alter ego Fatima Hadi Sirika and Jalal Sule Hamma are your daughter and son-in-law respectively by using your position to influence the award to them, the contract for the Apron Extension at Katsina Airport, for the sum of N1,498,300,750.00 and you thereby committed an offence contrary to Section 19 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.
– That you, Hadi Abubakar Sirika, while being the Minister of Aviation and in such capacity as a public officer on or about 18th August, 2022 in Abuja within the jurisdiction of the Honourable Court entrusted with certain property to wit the sum of N1,498,300,750.00 committed criminal breach of trust in respect of the said property by being dishonestly connected with the illegal award of contract for the Apron Extension at Katsina Airport, to and for the benefit of Al Buraq Global Investment Limited whose alter ego are Fatima Hadi Sirika and Jalal Sule Hamma, your daughter and son-in-law respectively and you thereby committed an offence contrary to Section 315 of the Penal Code Act, Cap 532 Acts of the Federal Capital Territory and punishable under the same section.
– That you, Hadi Abubakar Sirika, while being the Minister of Aviation, Fatima Hadi Sirika while being a public servant and an employee of the Nigerian National Petroleum Company Ltd and Jalal Sule Hamma while being a public servant and an employee of Nigerian Upstream Petroleum Regulatory Commission on or about 18th August 2022 in Abuja within the jurisdiction of this Honourable Court, did knowingly hold indirectly private interests in the contract for the Apron Extension at Katsina Airport for the sum of N1,498,300,750 00 awarded to Al Buraq Global Investment Limited whose alter ego are Fatima Hadi Sirika and Jalal Sule Hamma which contract was awarded on account of public service and you thereby committed an offence contrary to Section 12 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section.
– That you, Fatima Hadi Sirika, Jalal Sule Hamma and Al Buraq Global Investment Limited – between 2022 and 2023 in Abuja, within the jurisdiction of this Honourable Court had possession of an aggregate sum of N1,310,142,051.16 which sum you knew indirectly represented the proceeds of criminal conducts of Hadi Abubakar Sirika who was the minister of Aviation at the time (to wit use of office or position for gratification in respect of the said amount), and you thereby committed an offence contrary to Section 17 (b) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 and punishable under the same section.
– That you, Hadi Abubakar Sirika, while being the minister of Aviation and in such capacity as a public officer between April 2022 and March 2023 in Abuja within the jurisdiction of the Honourable Court entrusted with certain property to wit, the sum of N1,326,731,470.97 committed criminal breach of trust in respect of the said property by being dishonestly connected with the illegal award of the Consultancy contract for the Nigerian Air Start-up and extension of same to and for the benefit of Tianaero Nigeria Limited whose alter ego Prof. Gabriel Tilmann, your Associate and you thereby committed an offence contrary to Section 315 of the Penal Code Act. Cap 532 Acts of the Federal Capital Territory and punishable under the same section.