By Nchetachi Chukwuajah
The Federal High Court in Abuja has dismissed a no-case submission filed by former Minister of Power, Saleh Mamman, in an alleged N33.8 billion fraud case filed against him by the Economic and Financial Crimes Commission (EFCC).
Justice James Omotosho, while delivering the ruling on Thursday, December 11, held that the prosecution had established a prima facie case against the former minister.
Justice Omotosho stressed that the evidence presented by the EFCC 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 but was simply being afforded his right to a fair hearing and to put in his defence.
The defendant, 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 EFCC 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 anti-graft agency had called 17 prosecution witnesses and tendered 43 exhibits before closing its case.
Mamman, however pleaded not guilty to the charges and 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.
In a written address dated November 25, the EFCC maintained that the evidence of prosecution witness 1 to 17 and the exhibits tendered were sufficient to establish a prima facie case.
While ruling on the case 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, adding that the prosecution still has to prove the charge beyond reasonable doubt in line with Section 135(1) of the Evidence Act, 2011.
He said: “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.”
The judge 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 court adjourned the matter until February 23, 2026, for Mamman to open his defence.
