The Federal High Court in Abuja has dismissed the no-case submission filed by former Minister of Power, Saleh Mamman, in the high-profile N33.8 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC). Justice James Omotosho ruled that the evidence presented by the prosecution is sufficient to compel Mamman to respond and formally enter his defence.
Justice Omotosho emphasized that while the court recognizes Mamman’s legal presumption of innocence, the prima facie case established by the EFCC necessitates explanations from the defendant. “The evidence presented points to the establishment of a prima facie case. The defendant must provide an explanation or defence, particularly given the gravity of the allegations,” the judge stated.
Mamman, who served as Nigeria’s Minister of Power from 2019 to 2021 under the administration of the late President Muhammadu Buhari, faces a 12-count amended charge related to the alleged mismanagement of funds allocated for the Zungeru and Mambilla hydropower projects. The EFCC claims that he, along with ministry officials and private entities, conspired to “indirectly convert” N33.8 billion, an accusation the former minister has consistently denied.
During the prosecution phase, the EFCC called 17 witnesses and tendered 43 exhibits, detailing the flow and alleged diversion of funds. Following the closure of the prosecution’s case, Mamman argued that the evidence was weak and insufficient to sustain a conviction. The anti-graft agency, however, maintained that the testimonies and documentary evidence warranted the defendant being required to enter a defence.
Justice Omotosho highlighted that dismissing the no-case submission does not equate to a determination of guilt. Rather, it ensures that Mamman has the opportunity to respond to allegations in accordance with Section 36 of the 1999 Constitution, which guarantees the right to a fair hearing. The judge also reiterated that the burden of proof remains on the prosecution, which must demonstrate culpability beyond a reasonable doubt, in line with Section 135(1) of the Evidence Act, 2011.
The ruling underscores the court’s role in maintaining procedural fairness while balancing the seriousness of the accusations. By overruled the no-case submission, the former minister is now required to formally open his defence, marking the next critical stage in a trial that has drawn significant public attention due to its scale and political implications.
The court has adjourned proceedings until February 23, 2026, when Mamman is expected to begin his defence. Legal analysts predict a rigorous examination of the financial records and witness testimonies during this phase, given the magnitude of the alleged fraud and its potential impact on Nigeria’s power sector governance.
