The trial of the immediate past Minister of Aviation, Senator Hadi Abubakar Sirika and three others before the High Court of the Federal Capital Territory (FCT) could not proceed on Monday as the prosecution sought vacation of the day earlier scheduled for continuation of cross-examination of the third prosecution witness (PW3), Engineer Isaiah Ganiyu Yesufu, by the defence team.
The former minister, who served in the administration of the late President Muhammadu Buhari, is being prosecuted by the Economic and Financial Crimes Commission (EFCC) alongside his younger brother, Ahmad Abubakar Sirika, and two companies, Al-Buraq Limited and Enginos Nigeria Limited, alleged to be owned by the former minister’s brother, before Justice Suleiman Belgore, sitting at Garki, Abuja.
The defendants are facing a 10-count charge bordering on abuse of office, criminal breach of trust and use of position for gratification.
The former minister was accused of using his position to award various contracts to his younger brother to the tune of about N19.4 billion.
He was further accused of conferring unfair advantage upon Enginos Nigeria Limited 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.
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, among other allegations.
According to the prosecution, the offences, allegedly committed in Abuja between August, 2022 and May, 2023, contravene provisions of Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000, 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, by EFCC on behalf of the Federal Government.
At yesterday’s resumed sitting in the case, counsel for the former minister, Joseph Kwahar, holding the brief of Kanu Agabi SAN and counsel for the second defendant, Hafiz Matanmi, informed the court that they received a letter from the prosecuting counsel, Rotimi Jacobs SAN, seeking the vacation of today’s date.
They added that the prosecutor, however, wanted the case to continue today, Tuesday, October 27.
With no objection from the defence team, Justice Belgore then adjourned to today for continuation of cross examination of the PW3, Engineer Yesufu, who is the Director of Certification, Compliance and Monitoring with Bureau for Public Procurement (BPP).
Yesufu had, while being crossed-examined by counsel for the former minister, Kanu Agabi SAN, told the court Senator Sirika neither issued nor signed any letters awarding contract for construction of a terminal building at the Katsina Airport.
He further told the court that Sirika did not participate in the Aviation Ministry’s ministerial tenders board proceedings leading to the award of the contracts.
‘I am aware that the first defendant (former minister) is on trial for violation of procurement processes. As far as I know, he did not participate in the ministerial tenders board’s proceedings.
‘He (Sirika) did not issue or sign any of the letters awarding the contracts,’ the PW3 told the court.
The PW3 further told the court that procurements in the Ministry of Aviation were being regulated by the Public Procurement Act, under which the ministry’s permanent secretary was the accounting officer of the ministry.
According to him, the permanent secretary as of the time the contract was awarded, Mr Abel Enitan, had the responsibility of ensuring that the ministry complied with the Public Procurement Act, adding that, ‘the permanent secretary has responsibility for liabilities in the breach of the Act.’