N19.4bn fraud: Court grants Sirika, brother N200m bail

Justice Suleiman Belgore of the Federal Capital Territory High Court granted bail to Hadi Sirika, the former aviation minister, and his brother Ahmad Abubakar Sirika on Thursday.

NIGERIA NEWS 247 earlier reported that the operatives of the Economic and Financial Crimes Commission (EFCC) arraigned Hadi Sirika, Brother, Firms for N19.4billion Fraud.

Each of them was required to provide N100 million and 2 sureties. One of the sureties must own property in the Federal Capital Territory worth a similar amount. The court also stipulated that the defendants cannot leave Nigeria without court permission. Justice Belgore stated during the ruling that he saw no need to change the conditions set by his colleague.

Subsequently, Justice Belgore proceeded to grant them bail under the same terms as Justice Sylvanus Oriji of the Federal Capital Territory High Court in Abuja.

In his ruling on the motion for the 1st defendant, Hadi Sirika, the court emphasized that no counter affidavit had been submitted by the prosecution.

Highlighting that Sirika was already on administrative bail and had met all bail requirements while complying with conditions, Justice Belgore noted his lack of criminal convictions in Nigeria, receipt of national honors, responsibility for an elderly mother, and completion of investigation in the case. Concluding that Sirika deserved to be granted bail, Justice Belgore made the decision accordingly.

In relation to Sirika’s sibling, a decision was made on the motion filed under Sections 158, 156, and 135 of the ACJA, seeking a single relief (bail).

The judge approved bail for him with the same terms as the first defendant (Sirika). The Sirika brothers and Enginos Nigeria Limited are currently facing a revised ten-count charge related to contract fraud amounting to N19.4bn.

The EFCC alleged that Sirika had given his brother and their company undue advantage, with no evidence of work being completed for the contracts paid for.

Following their arraignment, both individuals pleaded not guilty to the charges read out by the EFCC. Sirika’s attorney, Micheal Noma (SAN), requested bail for his client during court proceedings.

Similarly to Ahmad’s attorney, Mahmud Magaji (SAN) also requested the court to consider granting bail to the second defendant, emphasizing his status as a responsible Nigerian citizen.

Noma echoed this plea, urging the judge to approve the defendants’ release. Magaji outlined his arguments for why his client should be given bail, highlighting that the second defendant had submitted a formal request for bail on May 20, 2024, citing specific sections of the ACJA 2015.

The application sought various orders from the court, including release on bail until the trial’s conclusion. Supported by an 18-paragraph affidavit signed by the second defendant himself, Magaji asked for all statements within it to be taken into account. Ultimately, he implored the judge to grant approval based on these grounds.

Ahmad, represented by his lawyer, emphasized the importance of granting the application as requested to the judge. They pointed out that the lack of a counter from the prosecution indicates their eagerness to swiftly prove their case against the second defendant.

The second defendant has consistently complied with administrative bail conditions and has promptly appeared when required.

Magaji highlighted in court that his client is a law-abiding citizen, as affirmed in paragraph 8 of the affidavit stating his willingness and responsibility as a Nigerian citizen. Additionally, Magaji asserted that Ahmad is a civil servant without any political exposure.

During the court proceedings, Oluwaleke Atolagbe, representing the EFCC, expressed no opposition to the bail request.

He stated, Your Honor, we have no objection to granting bail as the agency has already provided administrative bail. Therefore, we believe it is appropriate to grant bail in this case.

Atolagbe emphasized that any bail granted should ensure the defendants’ availability for trial. He also highlighted that the court is not bound by previous decisions made at FCT Maitama Court and stated, Your Honor is not obligated to impose similar conditions as those set by your esteemed colleague.

The trial dates of May 28 and 29 were set by the court for Sirika, his brother Ahmad, and Enginos Nigeria Limited to answer to an amended ten-count criminal charge involving fraud amounting to N19.4 billion.

Allegedly, this sum was related to various aviation ministry contracts awarded by the former minister to Enginos Nigeria Limited, a company owned by Sirika’s younger brother Ahmad.

The anti-corruption agency claims that between April 2022 and March 2023 in Abuja, Sirika misused his ministerial position to benefit his brother, company, and other entities. Ahmad serves as the Managing Director and Chief Executive Officer of the company and is also the sole signatory for its accounts in Zenith and Union banks.

Specifically mentioned was the awarding of a contract worth N1,345,586,500.00 for constructing a Terminal Building at Katsina Airport to Enginos Nigeria Limited, where Ahmad Abubakar Sirika is identified as its alter ego and blood relative of Sirika.

Sirika faced allegations of improperly awarding contracts to his relatives and associates, including one for the Fire Truck Maintenance and Refurbishment Centre at Katsina Airport and another for the Procurement and Installation of equipment at Aviation House Abuja.

These actions were deemed to be in violation of anti-corruption laws. Additionally, Ahmad and Enginos were accused of possessing funds linked to Sirika’s alleged criminal activities.

Ahmad was also detained by the EFCC in connection with payments made to his company by the former minister. Sirika, along with his daughter, son-in-law, and a company, had previously been arraigned in court on related charges.

They faced a six-count amended criminal charge of fraud amounting to N2.7 billion related to the failed Nigerian Air project during their arraignment.

Despite pleading not guilty, the court granted them bail totaling N300 million. Additionally, Sirika was accused of leveraging his position to benefit Tianaero Nigeria Limited, led by Professor Gabriel Tilmann, an alleged associate of his.