Justice S.C. Oriji on Thursday encouraged parties in the ongoing trial of former Aviation Minister Hadi Sirika to explore an out-of-court settlement after adjourning further proceedings until October.
The judge, who is presiding over the case at the High Court of the Federal Capital Territory (FCT), Abuja, said the lengthy adjournment would give both the prosecution and the defence an opportunity to consider a settlement of the matter outside the courtroom. However, he did not direct a forced settlement on either side, merely encouraging discussions before proceedings resume.
Out-of-Court Settlement Mooted
Before the adjournment, counsel for the prosecution, Rotimi Jacobs (SAN), sought a break in the proceedings, a request to which the defence counsels reluctantly agreed. Justice Oriji subsequently fixed October 14, 15, 20 and 28, 2026, for the continuation of the cross-examination of the Economic and Financial Crimes Commission (EFCC) investigating officer, Chris Udofia.
The court also acknowledged that lead defence counsel, Chief Kanu Agabi, SAN, marked his 80th birthday on Thursday. Justice Oriji, joined by counsel on both sides, extended goodwill to the senior advocate, observing that he should be allowed to return home to celebrate the milestone.
Recap of July 8 Proceeding
The adjournment followed a day of detailed cross-examination centred on procurement documents tendered by the prosecution.
On Wednesday, Agabi questioned Udofia extensively on Exhibits 9 and 11, official correspondence exchanged between the Ministry of Aviation’s Permanent Secretary and the Bureau of Public Procurement (BPP).
Exhibit 9 is a letter from the Permanent Secretary requesting the BPP’s “No Objection” to adopt the selective tendering method for critical capital projects, while Exhibit 11 is the Bureau’s response granting that approval.
During questioning, Udofia agreed that neither document showed that the first defendant directed or induced the Permanent Secretary to initiate the procurement process.
Asked whether anything in Exhibit 9 implicated the former minister, the witness replied, “There is nothing of such nature.”
The witness also confirmed that Exhibit 11 was addressed to the Permanent Secretary rather than the minister and contained no direct reference to Hadi Sirika.
The defence further established that the Permanent Secretary acted on the BPP’s approval in his official capacity. When asked whether investigators found anything improper in that action, Udofia responded, “No, my Lord.”
However, the EFCC investigator maintained that the consultancy contract ought not to have been awarded in the first place.
Cross-examination later shifted to the role of the then Permanent Secretary, Abel Olumuyiwa Enitan. Agabi questioned why he had not been charged if investigators believed procurement rules had been breached.
Udofia repeatedly declined to comment on prosecutorial decisions, telling the court, “It is not my duty,” when asked why the former Permanent Secretary was not arraigned.
Earlier in the July 8 proceedings, prosecution counsel, Mr. Jacobs, tendered a flash drive through the witness containing an audio recording allegedly capturing former Aviation Minister Hadi Sirika instructing Enitan on the award of a contract related to the Nigeria Air project.
In the recording, the speaker was heard directing that the contractor, described as someone who had founded seven airlines globally and served as a trainee captain and chief pilot, should neither be overcharged nor shortchanged.
The court admitted the flash drive in evidence and marked it as Exhibit 37B, while the defence reserved its objection to the admissibility of the recording until the final written addresses.
Meanwhile, the EFCC continues to prosecute Sirika and three other defendants over allegations arising from the Nigeria Air project. The former minister has denied all allegations. The defence maintains that the procurement process was handled by statutory agencies and officials under the Public Procurement Act and that the minister had no statutory role in awarding the contracts.
Despite the mooted idea of an out-of-court settlement, the matter will resume on October 14, 15, 20 and 28, 2026, with the defence expected to continue the cross-examination of the EFCC’s investigating officer.
