A Federal Capital Territory High Court in Abuja has granted bail to former Minister of Aviation and Aerospace, Hadi Abubakar Sirika, his daughter, Fatimah Hadi Sirika, and son-in-law, Jalal Hamma, in connection with an alleged N2.7 billion fraud related to the botched Nigerian Air project.
The Economic and Financial Crimes Commission (EFCC) had charged Sirika, his daughter, son-in-law, and Al-Duraq Investment Ltd with fraud and is prosecuting Sirika on a six-count amended charge bordering on an alleged N2.7 billion contract fraud.
However, before the trial judge, Justice Sylvanus Orji, the defendants pleaded not guilty to all charges after the amended criminal charge was read out to them.
Sirika faced a 6-count amended criminal charge, while the prosecution counsel, Rotimi Jacobs (SAN), informed the court of an amended charge dated May 7 and filed on May 8, which was not opposed by the defendants' counsel.
The defendants' lead counsel, Kanu Agabi (SAN), moved a bail application dated May 6, which was similarly adopted by the other defendants.
After listening to all parties, Justice Orji granted bail to each defendant in the sum of N100 million with two sureties each.
He noted that one of the sureties must own a landed property with valid land titles in a similar sum within the Federal Capital Territory.
He added: "The sureties must also depose to an affidavit of means. The defendants are barred from travelling outside the country without the court's permission, and failure to fulfill the bail conditions will result in their stay in a correctional facility.
"I admit the 1st, 2nd, and 3rd defendants to bail in the sum of N100 million each with two sureties of like sum. One of the sureties must have a landed property within the Federal Capital Territory.
"The defendants must not travel outside the country. Any of them who is unable to fulfill the bail conditions will be remanded in the correctional center."
The trial has been fixed for June 10, 11, and 20.
Charges
The arraignment, which was earlier slated for Tuesday, was rescheduled to Thursday due to an EFCC prayer to amend the charge.
Sirika was aviation minister in the President Muhammadu Buhari administration from 2019 to 2023.
The charges are: "That you Hadi Abubakar Sirika, while being the Minister of Aviation. between April, 2022 and March, 2023, in Abuja, within the jurisdiction of this Honourable Court, did use your position to confer unfair advantage upon Tianaero Nigeria Limited whose alter ego, Prof. Gabriel Tilmann is your Associate by using your position to influence the award to them, the Consultancy contract for the Nigerian Air start-up and extension on of same for the sum of N1.326,731,470.97 and you thereby committed an offence contrary to section 19 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section".
Count 2 states: "That you Hadi Abubakar Sirika, while being the Minister of Aviation, on or about 18th August, 2022, in Abuja, within the jurisdiction of this Honourable Court, did use your position to confer unfair advantage upon Al Buraq Global Investment Ltd, whose alter ego, Fatima Hadi Sirika and Jalal Sule Hamma are your daughter and son-in-law respectively, by using your position to influence the award to them, the contract for the Apron Extension at Katsina Airport for the sum of N1.498,300,750.00 and you thereby. committed an offence contrary to section 19 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section".
Count 3 reads: "That you Hadi Abubakar Sirika, while being the Minister of Aviation and in such capacity as a public officer on or about 18 the of August, 2022, in Abuja, within the jurisdiction of this Honourable Court entrusted with certain property to wit the sum of N1.498,300,750.00 committed criminal breach of trust in respect of the said property by being dishonestly connected with the illegal award of contract for the Apron Extension at Katsina Airport, to and for the benefit of Al Buraq Global Investment Ltd, whose alter ego, Fatima Hadi Sirika and Jalal Sule Hamma, your daughter and son-in-law respectively and you thereby committed an offence contrary to section 315 of the Penal Code Act, Cap. 532, Acts of the Federal Capital Territory and punishable under the same section".
Count 4: "That you Hadi Abubakar Sirika, while being the Minister of Aviation and Fatima Hadi Sirika while being a public servant and an employee of the Nigerian National Petroleum Company Ltd and Jalal Sule Hamma while being a public servant and an employee of Nigerian Upstream Petroleum Regulatory Commission on or about 18 of August, 2022, in Abuja, within the jurisdiction of this Honourable Court, did knowingly hold indirectly private interests in the contract for the Apron Extension at Katsina Airport for the sum of N1,498,300,750.00 awarded to Al Buraq Global Investment Ltd, whose alter ego, Fatima Hadi Sirika and Jalal Sule Hamma , which contract was awarded on account of public service and you thereby committed an offence contrary to section 12 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under the same section".
Count 5: "That you Fatima Hadi Sirika, Jalal Sule Hamma and Al Buraq Global Investment Ltd between 2022 and 2023 in Abuja, within the jurisdiction of this honourable court, had possession of an aggregate sum of N1,310,142,051.16, which sum you knew indirectly represented the proceeds of criminal conducts of Hadi Abubakar Sirika, who was the Minister of Aviation at the time (to wit use of office or position for gratification in respect of the said amount), and you thereby committed an offence contrary to Section 17 (b) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 and punishable under the same section".
Count 6: "That you Hadi Abubakar Sirika, while being the Minister of Aviation and in such capacity as a public officer between April, 2022 and March 2023, in Abuja: within the jurisdiction of this Honourable Court entrusted with certain property to wit, the sum of N1,326,731,470.97, committed criminal breach of trust in respect of the said property by being dishonestly connected with the illegal award of the Consultancy contract for the Nigerian Air Start-up and extension of same to and for the benefit of Tianaero Nigeria Limited whose alter ego is Prof. Gabriel Tilmann, your Associate and you thereby committed an offence contrary to section 315 of the Penal Code Act, Cap. 532, Acts of the Federal Capital Territory and punishable under the same section".
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