Alleged N33.8bn Fraud: Ex-power minister has case to answer

The Federal High Court in Abuja, on Thursday, dismissed former Minister of Power Saleh Mamman’s no-case submission against the N33.8 billion money laundering charges instituted against him by the Economic and Financial Crimes Commission (EFCC).

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Judge James Omotosho, in a ruling on the no-case submission, held that EFCC had established a prima facie case against Mr Mamman warranting him to enter his defence in the case.

Mr Omotosho held that the evidence tendered by the prosecution was such that the defendant must proffer some explanations or put in a defence against the allegations made against him, especially considering the seriousness of the offences.

The ruling upended Mr Mamman’s hope of seeing the charges quashed midway into trial without his defence.

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In July 2024, the EFCC arraigned Mr Mamman on 12 counts of money laundering and conspiracy with officials at the ministry and some private companies to “indirectly convert” N33.8 billion meant for the Zungeru and Mambilla Hydro Electric Power projects.

The former minister, who was appointed minister by the then-President Muhammadu Buhari in August 2019 and was sacked in September 2021, pleaded not guilty to the charges, prompting a full-blown trial.

Following his not-guilty plea, the EFCC went on to present 17 prosecution witnesses and tendered 43 exhibits against the defendant before closing its case.

Mr Mamma then filed a no-case submission on 19 November, instead of opening his defence, arguing that the evidence led by the prosecution failed to link him to any of the alleged offences. He urged the court to throw out the charges.

The News Agency of Nigeria (NAN) reports EFCC filed a written address dated 25 November to oppose the no-case submission, insisting that by its 17 prosecution witnesses and exhibits tendered, it had made out a prima facie case against the defendant.

Why no-case submission fails

Ruling on Thursday, Mr Omotosho upheld the prosecution’s argument, dismissing the no-case submission.

He ordered Mr Mamman to open his defence in line with Section 36 of the Nigerian constitution to give explanations on some of the evidence tendered by the EFCC.

“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 explanations 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; put simply that he be afforded his right to fair hearing and put in his defence before this court.

“The evidence of the prosecution has found sufficient ground for proceeding with this trial.

“A connection of the defendant with the offence, no matter how slight, constitutes prima facie evidence and as such the defendant would be required to enter his defence to the charge or a rebuttal of some sort,” the judge said.

Mr Omotosho further restated that holding that a prima facie case had been established did not necessarily imply that the court found Mr Mamman guilty of the charge.

“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 reasonable doubt,” he said, citing section 135 (1) Evidence Act, 2011.

According to the judge, the right of a defendant to defend himself/herself is a fundamental right provided under section 36 of the Nigerian constitution.

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“Such right cannot be taken from a defendant except where a defendant expressly or by conduct waives the same,” he said.

The judge also held that, in a criminal trial, a defendant can elect to rest his case on the prosecution’s case, enter his defence or make a no-case submission.

“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, he is hereby called upon to put in his defence to the charge against him.

“In conclusion, the address of counsel, no matter how beautifully constructed, cannot take the place of evidence.

“Based on the fundamental right to fair hearing as contained in Section 36 of the 1999 Constitution which the defendant is entitled to, this court is inclined to give him the opportunity and afford him his fundamental right to fair hearing.

“Consequently, the no-case submission is overruled and the defendant is hereby ordered to enter his defence and make some explanations as to the charge and evidence made by the prosecution,” Mr Omotosho ruled.

The judge adjourned the matter until 23 February 2026, for defence.

(NAN)