An FCT High Court on Monday ordered the Economic and Financial Crimes Commission (EFCC) to pay the required fees for the certification of documents it tendered as exhibits in the ongoing trial of former Minister of Aviation, Hadi Sirika, and three others.
Sirika is being prosecuted alongside his daughter, Fatima; his son-in-law, Jalal Sule Hamma; and a company, Al-Buraq Investment Limited.
According to the EFCC, Sirika allegedly abused his office by conferring an unfair advantage on Al-Buraq Global Investment Limited, Fatima, and Hamma by influencing the award of a contract for the Apron Extension at Katsina Airport, valued at ₦1,498,300,750.
The anti-graft agency stated that the offences contravened Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act 2000, Section 17(b) of the EFCC (Establishment) Act, 2004, and Section 315 of the Penal Code Act, Cap 532, Laws of the Federal Capital Territory.
All four defendants have pleaded not guilty.
During Monday’s hearing, the prosecution tendered documents through its ninth witness, Mathias Maiyaki Vyonku, a retired General Manager of Administration and Human Resources at the Nigerian Nuclear Regulatory Authority.
However, defence counsels Sunusi Musa (SAN) for Hamma, and Michael Numan (SAN) for Al-Buraq Global Investment Limited, objected to the admissibility of some documents. They argued that one of the documents was issued by the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), while the witness referred to the Nigerian Midstream and Upstream Authority. They also pointed out that the EFCC had not paid the certification fee for a document tendered as a certified true copy, contrary to the Evidence Act.
The defence urged the court to reject the documents.
Responding, EFCC counsel Oluwaleke Atolagbe argued that the covering letter, which was not objected to, had the documents attached and should be admitted in whole. He also contended that government agencies are exempt from paying certification fees and that the witness’s reference to “upstream” rather than NUPRC did not invalidate the document.
After hearing both sides, Justice Sylvanus Oriji ruled that since government agencies require funding, the court could not bar the EFCC from presenting the document solely because the fee had not been paid. He instead ordered the EFCC to pay the required certification fee and re-present the document.
Following the ruling, the prosecution requested an adjournment to comply with the directive, a request not opposed by the defence.
Justice Oriji adjourned the matter until May 6 for continuation of PW9’s evidence.
Earlier, the witness told the court that on March 14, 2024, the EFCC wrote to the Nigerian Nuclear Regulatory Authority requesting information about the third defendant, Jalal Sule Hamma. He said the Director-General of the Authority instructed him to respond, confirming that Hamma was employed in November 2021 on a permanent and pensionable basis, but later withdrew his service, which was approved by the management.
The documents forwarded to the EFCC included Hamma’s appointment letter, his letter of withdrawal of service, approval of same, and evidence of payment of one month’s salary in lieu of notice.
Atolagbe then tendered the documents as exhibits in the case.
