Former Minister of Power, Saleh Mamman, on Wednesday, accused his own lawyer of misrepresenting him during the recording of his statements at the Economic and Financial Crimes Commission (EFCC), alleging that portions of the statement were fabricated without his knowledge.
Mr Mamman made the allegation while testifying as the first defence witness in a trial-within-trial aimed at determining the voluntariness of the statements obtained during his investigation by the EFCC.
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The case is before trial judge James Omotosho of the Federal High Court, Abuja.
The EFCC is prosecuting Mr Mamman on 12 counts of conspiracy and money laundering to the tune of N33.8 billion.
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Led in evidence by his lawyer, Femi Atteh, who is a Senior Advocate of Nigeria (SAN), the former minister told the court that he visited the EFCC on 20 February with his lawyer, Mohammed Ahmed of Pineal Solicitors, who wrote the statement on his behalf due to his ill health.
He claimed, however, that he could not confirm whether the lawyer wrote exactly what he dictated.
Mr Mamman told the court that he signed the documents without fully verifying the contents.
When asked during cross-examination by prosecution lawyer Rotimi Oyedepo, also a SAN, to identify the alleged fabricated parts, Mr Mamman said he could not remember.
He, however, admitted that during his appearances at the EFCC office, he was neither threatened nor coerced by officials of the Commission.
The court adjourned the matter till 15 July for adoption of final written addresses in the trial-within-trial.
EFCC witness rebuts coercion claim
At a previous hearing last month, the first prosecution witness, Abubakar Kwaido, an EFCC investigator, dismissed claims that Mr Mamman’s statements were obtained under duress.
He testified that the statements were voluntarily made by the defendant in the presence of his lawyers or associates.
“He said, “I was surprised to hear claims of coercion,” Mr Kwaido said during cross-examination by defence counsel Femi Atteh, who is a Senior Advocate of Nigeria (SAN).
“In the videos we played, the defendant and his lawyer were smiling. All his statements were made in the presence of people he brought to the Commission.”
Mr Kwaido named the lawyers and associates of the defendants that were present during various statement recording sessions.
He said, on 10 and 11 May 2023, the defendant’s statements were taken in the presence of P.A. Aderungi. He added that, on 12 May 2023, P.A. Adewuyi and Aliyu Musa were present and on 15 May 2023, Muzzarril Yahaya was present.
He added that on 17 May 2023, Umar Yunusa was present at the statement recording session. He also said, on 19 May 2023, Paul Adetako was present. On 3 August 2023, he said, the defendant’s business partner, Rabiu, was present and on 9 August 2023, Sulaiman Yusuf was present.
On 20 February, Mr Mamman authorised Mr Ahmed to write the statement on his behalf, citing medical challenges. The court admitted the written authorisation form as an exhibit. It read:
“I, Saleh Mamman, have authorised my lawyer, Mohammed Ahmed of Pineal Solicitors, to write on my behalf due to ill health and other health challenges.”
Mr Kwaido further told the court that the statements were taken in an open EFCC office with audiovisual surveillance and regular public access—conditions that made coercion unlikely. Video footage of the statement sessions was also played in court.
He added that the former minister initially failed to honour invitations by the Commission for about six months before eventually reappearing in February.
Following submissions by the prosecution and the presentation of supporting evidence, Mr Omotosho admitted the disputed confessional statements into evidence and adjourned the case till Friday for continuation of cross-examination.
Background
PREMIUM TIMES reported that the EFCC arrested Mr Mamman in May 2023
This newspaper also reported that Mr Mamman was sacked alongside then Minister of Agriculture and Rural Development, Mohammed Sabo Nanono, on 1 September 2021.
The former power minister is standing trial on 12 counts of conspiracy and money laundering involving N33.8 billion. The charges relate to alleged diversions of funds meant for the Mambilla Power Project.
The EFCC alleged that over N26 billion was diverted under Mr Mamman’s instruction using Bureau de Change operators.
Previous witnesses, including EFCC investigators and bank compliance officers, have testified to multiple suspicious transactions traced through various corporate accounts, including Breathable Investment, Fullest Utility Concepts, and Golden Bond Nigeria Ltd.
The 15th prosecution witness, Okoafor Nnenna, a deputy manager in the Central Bank of Nigeria’s (CBN) Domestic Payments Unit, confirmed the ministry’s transactions in response to EFCC requests. The 16th witness, Veronica Sampam, a compliance officer at First Bank, also testified to supplying requested account details tied to the case.
