N33.8BN FRAUD: COURT REJECTS EX-MINISTER MAMMAN’S NO-CASE SUBMISSION
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BY JENN NOMAMIUKOR
The Federal High Court in Abuja on Thursday rejected the no-case submission made by former Minister of Power, Saleh Mamman.
Judge James Omotosho said that the prosecution, which is the Economic and Financial Crimes Commission, had shown enough evidence to bring charges against Mamman.
The judge mentioned that the evidence was strong enough for Mamman to explain himself or defend against the accusations, especially since the charges are serious.
However, he also reminded everyone that Mamman is still considered innocent until a court finds him guilty.
Mamman was named Minister of Power by the late former President Muhammadu Buhari in August 2019, but he was removed from his position in September 2021. Now, he is facing 12 new charges from the EFCC.
The anti–corruption agency filed these charges under the case number FHC/ABJ/CR/273/2024.
In July 2024, Mamman was brought before a court and accused of working with ministry staff and private companies to secretly redirect N33.8 billion that was meant for the Zungeru and Mambilla Hydro Electric Power projects. Mamman said he was not guilty.
To support their case, the EFCC called 17 witnesses to testify and presented 43 pieces of evidence before finishing their arguments.
Mamman later submitted a no-case argument on November 19 through his lawyer, saying the prosecution didn’t provide enough believable evidence to prove guilt or force him to defend himself.
The EFCC responded in a written statement on November 25, saying the evidence from PW1 to PW17 and the exhibits shown were enough to form a strong initial case.
On Thursday, Justice Omotosho ruled in favor of the prosecution, saying Mamman needs to present his defense according to Section 36 of the 1999 Constitution.
He said, “I have carefully gone through the evidence presented to the court by the prosecution with respect to this charge.
“The evidence all points to the establishment of a prima facie case against the defendant. The evidence is such that the defendant must proffer some explanation or defence to the allegation made against him, especially considering the seriousness of the offences.
“This court will refrain from evaluating the evidence but will limit itself to stating that, on the whole, a prima facie case has been made out against the defendant.
“This is not to say that the defendant is guilty as charged; it simply ensures he is afforded his right to a fair hearing and to put in his defence.”
Justice Omotosho also said that showing there is a strong case does not mean someone is guilty.
“It is simply to allow the defendant to exhaust his options for his defence and to clear every unresolved issue which may weigh on the mind of the court in reaching a final decision.
“The defendant is still presumed innocent until proven guilty, and the prosecution still has the duty to prove the charge beyond a reasonable doubt,” he said, citing Section 135(1) of the Evidence Act, 2011.
He said that the right of a defendant to defend themselves is a basic right protected by Section 36 of the 1999 Constitution, and this right can only be given up intentionally or through actions.
The judge said, “Since this defendant has not given up his right to defend himself either intentionally or through actions, and his no-case submission has been rejected, he is now required to present his defense.”
“Consequently, the no-case submission is overruled, and the defendant is ordered to enter his defence and make explanations as to the charge and evidence tendered by the prosecution.”
The court adjourned the matter until February 23, 2026, for Mamman to open his defence.
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