Judge hears former minister Sirika's voice note on Air Nigeria contract

Judge Sylvanus Oriji of the FCT High Court in Maitama, Abuja, listened to a voice note on Tuesday. The Economic and Financial Crimes Commission (EFCC) believes this voice note contains instructions from former Minister of Aviation Hadi Sirika about a contract award.

Mr Sirika faces six charges related to corruption in a N2.8 billion aviation contract. The EFCC claims the voice note shows Mr Sirika telling the then-Permanent Secretary of the Ministry of Aviation, Enitan Abel, to give 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,” the voice note reportedly said, referring to the contract given to Mr Sirika’s friend.

Christopher Odofin, the EFCC’s 12th prosecution witness, testified on Wednesday. He said the voice in the recording belonged to Mr Sirika and was sent to Mr Abel. Mr Odofin, an EFCC investigator, also stated that the company mentioned in the voice note was Tanaero Nigeria Limited (TNL). He said this firm belongs to Gabriel Tilmann, a friend of Mr Sirika.

Nigeria Air Contract Background

The contract in question is for consultancy services related to the failed Nigeria Air national carrier. The previous administration of President Muhammadu Buhari announced this project just days before handing over in May 2023, but it was later found to be a sham.

The EFCC is prosecuting Mr Sirika along with his daughter, Fatima Sirika, her husband, Jalal Hamma, and their firm, Al Buraq Global Investment. They face six counts, including contract fraud involving N2.8 billion. One of the charges says Mr Sirika used his position to give TNL an unfair advantage for the failed Nigeria Air project.

All the defendants have denied the allegations against them. In June, the EFCC presented a compact disc (CD) containing the voice note. It could not be played right away due to technical problems.

During Wednesday’s court session, the EFCC submitted the CD as evidence so the judge and audience could hear the voice note. Two defence lawyers, Michael Numa and Sanusi Mohammed, both SANs, did not argue that the voice belonged to Mr Sirika. However, they reserved their objections to the CD’s admissibility for later written addresses.

Listening to the voice note, Mr Sirika’s voice recommended Mr Tilmann as a good choice for the consultancy contract. He described Mr Tilmann as a trained captain and top manager who helped start several airlines, including Qatar Airlines, which he called the best.

“Whatever we can get, he’s quite resourceful and very energetic… So he has what it takes,” the voice said. The speaker, who sent the voice note from Spain, told the listener to be patient with Mr Tilmann’s age (70) and his short temper.

The voice note also revealed that Mr Tilmann felt comfortable with the ministry because of the former minister. “I mean, because of me, he feels very comfortable with the ministry,” it said.

Mr Odofin told the court that Mr Tilmann’s comfort was linked to his friendship with Mr Sirika. “People don’t like him. Because they feel he’s overbearing,” the witness said. When asked by the prosecution lawyer, he explained that officials thought Mr Tilmann imposed himself on people in the ministry. “So they don’t like him because of his relationship with the minister,” he added.

Defence lawyer Mr Numa, representing Al Buraq Investment, challenged the line of questioning. He called it speculation and claimed no solid basis was established for it. The judge asked Mr Numa to raise his concerns during his turn to cross-examine the witness. But Mr Numa insisted the prosecution was trying to create a story for the press.

Similarly, Mr Jalal’s lawyer, Mr Mohammed, expressed worry about media coverage. The judge advised the defence not to be concerned about the media and focus on their work with integrity.

The voice note also mentioned a plan to assign someone to Mr Tilmann to show him how consultancy works 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,” the voice said. It also noted that this would help prevent overcharging.

Mr Odofin testified that Mr Sirika indeed assigned his cousin, Yasir, to guide Mr Tilmann in the consultancy contract. During cross-examination by Mr Sirika’s lawyer, Kanu Agabi, the witness mentioned a request made to the Bureau of Public Procurement (BPP) by Mr Abel. This request sought approval to use selective tendering for capital projects in the ministry.

Mr Agabi asked if the request showed that Mr Sirika influenced the permanent secretary. After reviewing the request, the witness said, “There is nothing in this document that suggests the first defendant induced the permanent secretary.”

He also stated that the BPP’s response did not implicate Mr Sirika. The witness maintained his position when pressed about whether Mr Abel acted wrongly. The judge, Sylvanus Oriji, adjourned the case until Thursday.

In June, Mr Odofin testified that Mr Sirika allegedly disguised an Ethiopian Airlines aircraft as Nigeria’s national carrier during the Buhari administration. He also claimed the former minister broke rules when awarding the consultancy contract to his friend’s company. Mr Odofin mentioned that payment for the contract was fully made to TNL, even though the firm was less than a year old.