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Alleged 19.4bn fraud: Court grants Sirika, brother N100m bail each

 

A Federal Capital Territory High Court on Thursday admitted former Aviation Minister Hadi Sirika and his brother Abubakar to bail in the sum of N100 million each and two sureties each in like sum.

The Economic and Financial Crimes Commission (EFCC) charged Sirika, his brother and a company, Enginos Nigeria Ltd with eight counts of abuse of office, criminal breach of trust and use of position for gratification.

Justice Suleiman Belgore, in his ruling on the defendants’ bail applications, held that he found merit in their bail applications.

“I find considerable merit in this application. He is a presumably innocent fellow not likely to jump bail. He deserves to be granted bail and I so do,” the judge held.

The judge adopted the terms and conditions of bail granted to the former minister in a sister case marked CR/348/ 2024 where the defendant is standing trial alongside his daughter and son-in-law.

Belgore in his ruling said: “I see no reason to depart from the bail terms granted to him in that suit”.

He later adjourned until May 28, for the commencement of trial.

The EFCC had on May 9 arraigned Sirika alongside his daughter, Fatima, son-in-law, Jalal Sule and Al Daruq Investment Limited before Justice Sylvanus Oriji, also of the FCT High Court, Maitama on an alleged N4.1billion contract fraud.

The four defendants were charged with contract fraud, corruption and gratification.

They, however, pleaded not guilty to the charges preferred against them by EFCC.

Following their not-guilty pleas, Justice Oriji subsequently admitted each of them to bail in the sum of N100 million with two sureties each in like sum.

The judge ruled that each of their sureties must depose to an affidavit of means. In contrast, one of the two sureties each must possess landed property within the Abuja Municipal Area Council (AMAC) covered by a valid Certificate of Occupancy duly signed by the FCT Minister.

The anti-corruption commission had alleged that Sirika did confer an unfair advantage upon Enginos Nigeria Limited, whose alter ego is his biological brother, Ahmad, by using his position to influence the award of a contract for the construction of a terminal building at Katsina Airport for the sum of N1,345,586,500.

The anti-graft agency further alleged that the former minister used his position to influence the award of a contract for the establishment of a Fire Truck Maintenance and Refurbishment Centre at Katsina Airport for the sum of N3,811,497,685.

It also, among others, alleged that Ahmad and Enginos Nigeria Limited had in possession an aggregate sum of N2,337,840,674.16 which they knew indirectly represented the proceeds of the criminal conduct of the former minister.

The offences, according to EFCC, were committed in Abuja between August 2022 and May 2023.

According to EFCC, the offence is contrary to the provisions of Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act, 2000; Section 17(b) of the EFCC (Establishment) Act, 2004 as well as Section 315 of the Penal Code Act, Cap 532, Acts of the Federal Capital Territory and punishable under the same Acts.

The defendants pleaded not guilty to all the counts.

Earlier, Oluwaleke Atolagbe, prosecution counsel, asked for dates for the prosecution to call its witnesses.

He said the prosecution listed 12 witnesses to be called, adding that three sets of proof of evidence were filed.

Sirika’s counsel Micheal Numa, SAN prayed the court to “admit the first defendant applicant on bail in very liberal terms pending the determination of the case”.

He noted that the first defendant had been admitted to bail in a sister case and had fulfilled the conditions.

Numa said the transactions in the cases were the same, but the separation was due to the number of witnesses.

However, Atolagbe quickly interjected saying “The charges are different, transactions are different, the defendants are different”.

Moving on with the bail application, Numa said his client had demonstrated that he was not a flight risk.

“He has no reason to evade prosecution of this charge”, adding that Sirika has a 90-year-old mother who depends on him.

The senior lawyer prayed the court to adopt or impose similar bail conditions given to his client in the sister case marked CR/348/ 2024.

Responding Atolagbe said he was not opposed to bail application.

“We leave it to the discretion of the court. We are interested in the trial,” he said.

Mahmoud Magaji also moved a bail application for Abubakar and the prosecution did not object.

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