EFCC Witness Says Ex-Minister Sirika Skipped Rules in Contract to Friend

An investigator with the Economic and Financial Crimes Commission (EFCC) told the FCT High Court in Maitama, Abuja, on Wednesday that Hadi Sirika, the former aviation minister, broke the rules in giving a contract to a company owned by his friend.

Christopher Odofin, the 12th witness for the prosecution, said this during his testimony, which he continued from 10 June. Mr Odofin focused on the contract awarded to Tanaero Nigeria Limited (TNL), owned by Gabriel Tilmann.

This contract was for consultancy services related to the failed Nigeria Air project.

Mr Odofin said the contract was originally awarded to TNL for over N299 million on 4 April 2022. It was later extended on 17 October 2022. On Mr Sirika’s instructions, the extension brought the total contract amount to over N599 million. The witness stated this action broke the rules.

The EFCC is prosecuting Mr Sirika, his daughter Fatima Sirika, her husband Jalal Hamma, and their company, 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 give TNL an unfair advantage for the Nigeria Air startup. All the accused have denied these claims.

How Sirika Insisted on TNL

While testifying on Wednesday, Mr Odofin said the EFCC’s team looked into a voice note linked to Mr Sirika, where he insisted that the contract must go to TNL.

He mentioned that the Ministry of Aviation and Aerospace Development, under Mr Sirika, wrote two contract letters to TNL. The first contract letter was dated 4 April 2022, and the second was dated 6 April 2022.

Mr Odofin said Mr Sirika awarded the first contract without notifying the Bureau of Public Procurement (BPP). For the second contract, the BPP was entirely overlooked.

“Investigation into this case revealed that the Federal Ministry of Aviation and Aerospace Development sent a letter to the Bureau of Public Procurement (BPP), asking for a Certificate of No Objection to engage consultants for these contracts. This letter was dated 7 March 2022.

“The BPP responded on 6 April 2022, and the ministry received the response officially on 7 April 2022, while the contract award to Tanaero was dated 4 April 2022.

“Before the ministry got a response from the BPP, the contract award letter had already been sent to Tanaero Limited,” the witness explained.

He noted that the BPP was not informed about the contract’s extension.

Full Payment to a Year-Old Company

Mr Odofin also mentioned that the full payment for the contracts was made to TNL. Even though the company had only been around for a year, Mr Sirika chose it.

“It is also important to state that Tanaero Nigeria Limited was registered with the Corporate Affairs Commission on 29 March 2021, just one year before these contracts were given to the company,” Mr Odofin said.

A compact disc was presented in court, which the EFCC claimed held Mr Sirika’s verbal instruction to the permanent secretary, Enitan Muyiwa Abel, to award the contract to TNL. The witness said Mr Sirika sent the voice note while in Spain. But due to technical issues, it could not be played.

This led the trial judge, Slyvanus Oriji, to adjourn the case until 8 July.

Last week, Mr Odofin told the court that Mr Sirika allegedly disguised an Ethiopian Airlines aircraft as Nigeria’s national carrier during the administration of former President Muhammadu Buhari.

He revealed that the aircraft was loaned to Nigeria for just three days from 27 to 29 May 2023. He testified that the plane was returned to Ethiopia immediately after being presented as Nigeria Air national carrier.

The aircraft contract and how it was handled raised serious questions. In May 2023, Mr Sirika promised that Nigeria Air would start operations before he left office, which he did just three days before his exit.

The launch raised concerns. In June 2023, the Nigerian Civil Aviation Authority (NCAA) turned down Nigeria Air’s application to move to “phase two” in getting an Air Operator’s Certificate (AOC).

According to the NCAA’s rejection letter, the airline was not ready for operation.

Also, the former minister disclosed earlier in 2022 that Ethiopian Airlines was a key investor in Nigeria Air with a 49 percent stake. This did not sit well with local airline operators who believed they could run Nigeria Air better than a foreign airline.

During the launch, only one aircraft belonging to Ethiopian Airlines was shown at the ceremony.