The Economic and Financial Crimes Commission (EFCC) on Tuesday played a voice note in court that it claims contains verbal instructions from former Minister of Aviation Hadi Sirika regarding the award of a consultancy contract. The voice note was presented before Justice Sylvanus Oriji of the FCT High Court in Maitama, Abuja, during the ongoing trial of Sirika and three others over an alleged N2.8 billion aviation contract fraud.
Voice note played in court
The voice note, which the EFCC believes is Sirika's voice, was allegedly sent to the then-Permanent Secretary of the Ministry of Aviation, Enitan Abel. In the recording, the speaker is heard instructing Abel to award a consultancy contract to a company belonging to Sirika's friend, Gabriel Tilmann. The speaker says, "Do the right thing. Generate the necessary contract and give it to his company. In that way, we can be paying for his services."
EFCC's 12th prosecution witness, Christopher Odofin, testified that the voice belonged to Sirika and was sent to Abel. Odofin, an EFCC investigator, identified the company referred to in the voice note as Tanaero Nigeria Limited (TNL), a firm owned by Tilmann, a friend of Sirika.
The failed Nigeria Air project
The contract in question relates to a consultancy services agreement for the failed Nigeria Air national carrier project. The project was publicly unveiled by the outgoing administration of President Muhammadu Buhari days before the handover in May 2023 but was later found to be a ruse. The EFCC is prosecuting Sirika alongside his daughter, Fatima Sirika, and her husband, Jalal Hamma, as well as their firm, Al Buraq Global Investment, on six counts of contract fraud involving N2.8 billion.
In one of the charges, the EFCC accused Sirika of using his position to confer an unfair advantage on TNL for the failed Nigeria Air project. All defendants have denied the allegations.
Technical issues and admissibility
The EFCC had earlier presented a compact disc (CD) containing the voice note in June, but it could not be played immediately due to technical issues. During Wednesday's proceedings, the CD was tendered as an exhibit, allowing the voice note to be played in court. The defence did not deny that the voice was Sirika's, but two defence lawyers—Michael Numa and Sanusi Mohammed, both Senior Advocates of Nigeria (SAN)—reserved their objection to the admissibility of the CD and its content for their final written addresses.
Details from the voice note
In the voice note, the speaker described Tilmann as a trained captain and top manager who helped start several airlines around the world, including Qatar Airways, which the speaker called the best. The speaker said, "Whatever we can get, he's quite resourceful and very energetic… So he has what it takes." The speaker also urged the receiver not to be judgmental about Tilmann and noted that Tilmann felt comfortable with the ministry because of the ex-minister.
Odofin told the court that Tilmann's comfort was tied to his friendship with Sirika. He added that officials in the ministry did not like Tilmann because they felt he was overbearing. "So they don't like him because of his relationship with the minister," Odofin said.
Defence objections
Defence lawyer Michael Numa, representing Al Buraq Investment, objected to the line of questioning, describing it as speculative and lacking foundation. Justice Oriji urged Numa to raise the issues during cross-examination, but Numa maintained that the question was intentionally asked to create material for the press. Similarly, Jalal Hamma's lawyer, Sanusi Mohammed, expressed concern about a media trial, but the judge advised the defence to focus on their duties with a clear conscience.
The voice note also disclosed a plan to attach someone to Tilmann to guide him on how consultancy is done in Nigeria. The speaker said, "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. I can help him with my family, my friend, my younger brother, or my cousin." The speaker said the plan would prevent shortchanging and ensure Tilmann did not overprice the ministry. Odofin testified that Sirika indeed attached his cousin, named Yasir, to Tilmann for this purpose.
Cross-examination of EFCC witness
During cross-examination by Sirika's lawyer, Kanu Agabi (SAN), a former Attorney-General of the Federation, the witness referred to a request made by Abel to the Bureau of Public Procurement (BPP) for a no-objection to adopt selective tendering for capital projects. Agabi asked if the request suggested Sirika induced Abel. The witness replied, "There is nothing in this document that suggests the first defendant induced the permanent secretary."
Agabi then asked the witness to examine BPP's response and confirm if it implicated Sirika. The witness said he did not understand the question, but after Agabi pressed, the witness said the response did not refer to the ex-minister but to the ministry. Agabi asked if Abel's action was wrong according to BPP's response, and the witness said no. When Agabi asked why Abel was not charged, the witness said it was not his duty to charge.
Agabi also directed the witness to a summary of the 23rd Ministerial Tenders Board (MTB) meeting held in August 2022. The witness insisted that the document was approved by Sirika, and when asked if Sirika gave approval within his jurisdiction, the witness said yes.
Adjournment and previous testimony
Justice Oriji adjourned further proceedings till Thursday. In June, Odofin testified that Sirika allegedly disguised an Ethiopian Airlines aircraft as Nigeria's national carrier during the Buhari administration and violated due process in awarding the consultancy contract. Odofin also said payment for the contract was made in full to TNL, even though the firm was barely a year old at the time.
