A Federal High Court in Abuja has told a former Minister of Power, Saleh Mamman, that he has a case to answer in relation to the N33.8billion money laundering case brought against him by the Economic and Financial Crimes Commission (EFCC).
Mamman served as the Minister of Power between August 2019 and September 2021.
Justice James Omotosho, in a ruling on Thursday, overruled the no-case submission made by Mamman and held that the prosecution had sufficiently established a prima facie case against him to warrant the court to request that he enter a defence.
Justice Omotosho held that the evidence tendered was such that the defendant must proffer some explanations or put in a defence to the allegation made against him, especially considering the seriousness of the offences.
He noted that Mamman was still innocent until his guilt is established by the prosecution.
Justice Omotosho ordered Mamman to open his defence in line with Section 36 of the 1999 Constitution to give explanations on some of the evidence tendered by the EFCC.
The judge 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 them, 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 a fair hearing and put in his defence before this court.
“The evidence of the prosecution has founded 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.
He further held that holding that a prima facie case has been established did not necessarily imply that the court found the defendant guilty of the charge.
The judge added: “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) Evidence Act, 2011.”
The judge added that the right of a defendant to defend himself orvherself is a fundamental right provided under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He added, “Such right cannot be taken from a defendant except where a defendant expressly or by conduct waives the same.”
The judge 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,” the judge said.
He subsequently adjourned till February 23, 2026, for defence.
Mamman is accused by the EFCC, in a 12-count charge of diverting N33,804,830,503.73 released for the Mambilla and Zungeru Hydroelectric Power Plant Projects by the Federal Government.
The EFCC said the offence was contrary to Sections 18(a), 15(2)(b) of the Money Laundering (Prohibition) Act, 2011 (as amended), and punishable under Section 15(3) of the same Act.
Some counts in the charge sheet, marked: FHC/ABJ/CR/273/2024, read:
*That you, Saleh Mamman (male), sometime in 2019, in Abuja, whilst you were the Minister of Power, conspired with other officials of your ministry and some private companies to indirectly convert the total sum of N=33,804,830,503.73 through various private companies which sums you reasonably ought to have known formed part of the proceeds of unlawful activity, to wit: criminal breach of trust about the funds released for the Mambilla and Zungeru Hydroelectric Power Plant Projects by the Federal Government of Nigeria.
*That you, Saleh Mamman (male), sometime in December 2019, in Abuja, conspired with Samson Bitrus to make a cash payment of US$655,700:00 to Mohiba Investment Ltd. (acting through Mohammed Asheik Jidda), without going through a financial institution.
