Alleged N2.7bn contract fraud: witness insists Sirika’s coy not on bidders’ list
An Economic and Financial Crimes Commission (EFCC) witness said that former aviation minister, Hadi Sirika’s company was not on the list of bidders for the contract for the Apron Extension project in the Katsina Airport.
The witness, Mr Isaiah Yusuf, testified as EFCC 4th witness (PW4) in the alleged N2.7 billion fraud case against Sirika and three others.
The EFCC dragged Sirika alongside his daughter, Fatima; Jalal Sule Hamma and Al-Duraq Investment Limited, for abuse of office and contract fraud.
They are standing trial before Justice Sylvanus Oriji on a six counts.
The minister who served under former President Muhammadu Buhari was accused of abusing his office as minister through the award of contracts to a company in which his daughter and husband had interest.
The offence allegedly committed by the former minister and others, according to the prosecution, were contrary to Sections 12 and 19 of the Corrupt Practices and Other Related Offences Act 2000, to Section 17 (b) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.
In addition, Section 315 of the Penal Code Act, Cap 532 Acts of the Federal Capital Territory and punishable under the same sections.
Yusuf when cross examined by the 1st and 4th defendant’s counsel, Michael Numa, SAN, said Al-Duraq Global Investment Limited was not listed as bidders in the request brought to them (BPP).
Asked if he was in the Civil Infrastructure department (CID) that handled the requests, he told the court that the Director- General (DG) assigns requests to departments capable of handling such.
When asked of an endorsed letter from BPP signed by Babatunde Kuye, the Permanent secretary on behalf of the D-G of the Bureau which bore the name of the company, he said Al-Duraq Global Investment Limited was not approved.
“The evaluation did not include Al-Duraq Global Investment Limited, in our records.
Al-Duraq Global Investment Limited was not approved.
The counsel for the 1st and 4th defendants showed him the documents which were letters dated June 6 from Aviation ministry and endorsed on June 8 by BPP, and the ones to his Chambers but Oluwaleke Atolagbe, counsel for the prosecution objected.
Atolagbe told the court that the documents given to the witness to speak on were not endorsed by him, and never emanated from him.
He said the documents were not tendered before the court either.
Numa then, wanted the documents to be tendered, the prosecution objected saying, that they were just seeing it now.
“I am seeing it for the first time and my constrict is that the document is from the BPP.
“It is so hard for me to take a decision and object to the admissibility. It is safer to take a date and look at the document” Atolagbe prayed the court.
Though Numa pushed that the document be admitted Atolagbe insisted on his objection.
Other counsel in the matter did not object to the adjournment.
Subsequently, Justice Oriji adjourned until Oct. 3 for continuation of cross examination of PW4 and hearing.
The witness on July 2, when led in evidence by the prosecution counsel, Rotimi Jacobs SAN, said he was director, procurement, Bureau Public Procurement (BPP).
He said on March 16, 2022 a letter came from the ministry of Aviation requesting for a letter of ‘no objection ‘ to enable them award contracts with restricted publicity.
He told the court that if the contract was below N1.5 billion, the ministerial tender board could approve it.
The witness added if above such amount, BPP would issue ‘certificate of no objection ‘ that would enable the ministry or agency request to proceed to Federal Executive Council (FEC) for approval.
Yusuf further said that after the approval it goes back to the ministry or Agency that placed the request.
“The ministry of Aviation wrote two letters to BPP dated May 16 and May 17 requesting for ‘ due process no objection ‘ for restricted advertisement for bidders.
“They came with selected companies which were five in number; the contract was the building of terminal and extension of Katsina Airport.
“BPP approved the five listed companies for the contract for N800 million but Al-Duraq Global Investment Limited and Apron Expansion were not among,” he told the court.
Yusuf told the court that by the time the approval was given to the ministry, they never came back to BPP.
He said when EFCC contacted them was when (BPP) got to learn that the project was split into two at a costs of N1.4 billion and N1.3 billion.
The witness said the BPP Act; section 16(6) must be strictly adhered to before bidders can be awarded with contracts.
“The actual cost of the project brought to BPP for evaluation was N800 million and the least bidder gets the contract.
” We do not know how the project turned into two contracts and how the Al-Duraq Global Investment Limited and Apron Expansion were awarded the contract,” he said.
