The Federal Capital Territory High Court sitting in Maitama, Abuja has deferred its ruling on a motion seeking to discontinue the trial of former Minister of Aviation Hadi Sirika to the day of final judgement, in line with the provisions of the Administration of Criminal Justice Act 2015.
Justice S.C. Oriji made the order on Tuesday after hearing arguments from counsel on both sides, ruling that the issues raised in the motion were so closely tied to the determination of the charge itself that judicial prudence required they be addressed together at judgement.
“This motion is not challenging the validity of the charge. However, the issues and prayers in this application are inextricably tied or connected to the determination of the charge.
Therefore, in my view, judicial prudence dictates that it is better to deliver the ruling on the motion along with the judgement on the charge after the trial and I so direct,” the judge said.
The motion was brought by Sanusi Musa SAN, counsel to the third defendant Hamma Jalal Sule, who urged the court to stop the prosecution from presenting further evidence, expunge all evidence and exhibits already tendered and dismiss the charge entirely, arguing the case was filed on the basis of an incomplete investigation.
The prosecution team, led by Rotimi Jacobs SAN, countered the application by citing Section 379 Sub-section 2 of the ACJA 2015, which permits additional evidence and exhibits to be filed at any time before judgement is given, and cited several decisions of the Supreme Court and Court of Appeal in support of that position.
The Economic and Financial Crimes Commission (EFCC) is prosecuting Sirika alongside his daughter Fatima Hadi Sirika and son-in-law Hamma Jalal Sule on an amended six-count charge bordering on contract fraud.
The alleged offences involve Al Buraq Global Investment Limited, a company linked to the former minister’s daughter, to the tune of N2,825,032,220.97.
The case suffered a significant setback for the prosecution in April, when Justice Oriji rejected key exhibits tendered by the EFCC, including the extra-judicial statements made by Fatima Sirika and her husband at the Commission’s office.
The judge ruled the statements inadmissible, holding that the EFCC had failed to comply with Section 15(4) of the ACJA 2015 when obtaining them.
It was immediately following that ruling that the defence filed the present motion seeking to discontinue the trial entirely.
Sirika, who served as Minister of Aviation under former President Muhammadu Buhari between 2015 and 2023, has consistently denied all wrongdoing.
He was arraigned alongside his co-defendants in May 2024 and has described the prosecution as politically motivated.
In April this year, he formally declared his intention to contest the Katsina North Senatorial seat in the 2027 general elections, signalling his intention to return to frontline politics despite the ongoing trial.
The matter was adjourned to June 10 for continuation of trial.
What do you think about this?
Drop your opinion in the comment section.
FOLLOW US & Share this with someone who needs to see this.
