N33.8bn fraud: Court dismisses ex-minister Mamman’s no-case submission

File Photo: A Federal High Court in Abuja.

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The Federal High Court in Abuja on Thursday dismissed a no-case submission filed by former Minister of Power, Saleh Mamman.

Justice James Omotosho, while delivering the ruling, held that the prosecution, the Economic and Financial Crimes Commission, had established a prima facie case against the former minister.

The judge explained that the evidence presented was sufficient for the defendant to provide explanations or mount a defence, particularly considering the seriousness of the allegations.

He, however, stressed that Mamman remains innocent until proven guilty.

Mamman, who was appointed Minister of Power by the late former President Muhammadu Buhari in August 2019 and later relieved of his duties in September 2021, is facing a 12-count amended charge brought by the EFCC.

The anti-graft agency, based on the charge marked FHC/ABJ/CR/273/2024, arraigned Mamman in July 2024 for allegedly conspiring with ministry officials and private companies to “indirectly convert” N33.8 billion meant for the Zungeru and Mambilla Hydro Electric Power projects. The former minister pleaded not guilty.

In building its case, the EFCC called 17 prosecution witnesses and tendered 43 exhibits before closing its case.

Mamman subsequently filed a no-case submission on November 19 through his counsel, arguing that the prosecution had failed to present credible and reliable evidence to sustain a conviction or compel him to enter a defence.

The EFCC, in a written address dated November 25, countered that the evidence of PW1 to PW17 and the exhibits tendered were sufficient to establish a prima facie case.

Delivering the ruling on Thursday, Justice Omotosho agreed with the prosecution, stating that Mamman must open his defence in line with 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 further emphasised that establishing a prima facie case does not imply guilt.

“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 added that the right of a defendant to defend himself or herself is a fundamental right guaranteed under Section 36 of the 1999 Constitution and can only be waived expressly or by conduct.

The judge concluded, “This defendant, having not waived his right to defend himself either expressly or by conduct, and the no-case submission made by him having been overruled, is hereby called upon to put in his defence.

“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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