Former Minister of Aviation, Hadi Sirika
Justice S.C. Oriji of a Federal Capital Territory High Court, Maitama, Abuja on Tuesday, deferred ruling on a motion on notice for the prosecution to discontinue the trial of the former Minister of Aviation, Hadi Sirika to the day of final judgment in line with the provision of the Administration of Criminal Justice Act ACJA, 2015.
The Economic and Financial Crimes Commission, EFCC, is prosecuting the former minister alongside his daughter, Fatima Hadi Sirika and son-in-law Hamma Sule on amended six-count charge, bordering on contract fraud involving Al Buraq Global Investment Limited, a company linked to his daughter to the tune of N2, 825,032,220.97.
In bringing the motion, Sanusi Musa, SAN, counsel to Hamma Sule, the third defendant, prayed the court not to further allow the prosecution to present further evidence before the court on the matter.
He also urged the court to expunge all evidence and exhibits, so far tendered and also for the court to dismiss the charge entirely, arguing that the case was filed by the prosecution on the basis of an incomplete investigation.
The defence team, led by Rotimi Jacobs, SAN, however, countered with Section 379 Sub-section 2 of ACJA 2015 which permits that additional evidence and exhibits can be filed at any time before judgment is given.
He further told the court that there are several decisions of the Supreme Court and the Court of Appeal in favour of filing additional proofs in an ongoing case.
Justice Oriji while relying on the provision of Section 396 Sub-section 2 of ACJA 2015, observed that a defendant may raise an objection to the validity of the charge at any time before judgment is given, but such objection could be considered alongside the substantive issues for which ruling can be made at the time of delivery of judgment.
“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 judgment on the charge after the trial and I so direct,” he said.
He adjourned the matter till June 10, 2026, for continuation of trial.
