A Federal High Court in Abuja on Thursday dismissed a no-case submission filed by former Minister of Power, Saleh Mamman, compelling him to open his defense in the N33.8 billion fraud trial.
Justice James Omotosho, delivering the ruling, held that the prosecution, the Economic and Financial Crimes Commission (EFCC), had successfully established a prima facie case against the former Minister.
The judge reasoned that the evidence presented was sufficient to warrant the defendant providing an explanation, especially given the gravity of the allegations.
However, Justice Omotosho stressed that Mamman remains innocent until proven guilty.
Mamman, who served as Minister of Power from August 2019 to September 2021 under former President Muhammadu Buhari, is facing a 12-count amended charge (FHC/ABJ/CR/273/2024). The EFCC alleges he conspired with ministry officials and private firms to “indirectly convert” N33.8 billion originally earmarked for the Zungeru and Mambilla Hydro Electric Power projects.
The former minister pleaded not guilty when he was arraigned in July 2024.
To build its case, the EFCC presented 17 prosecution witnesses and 43 exhibits before closing its arguments. Mamman’s counsel then filed the no-case submission on November 19, arguing the prosecution had failed to provide credible evidence to sustain a conviction or justify a defenve.
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, December 11 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.”
The judge further stressed 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.
Omotosho said: “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 case until February 23, 2026, for Mamman to open his defence.
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