The Federal High Court in Abuja has dismissed a no-case submission filed by a former Minister of Power, Saleh Mamman, ruling that he must enter his defence in the N33.8bn fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
Justice James Omotosho, delivering the ruling on Thursday, held that the prosecution had successfully established a prima facie case requiring the former minister to respond to the allegations. He noted that the evidence presented by the EFCC was substantial enough to demand explanations from Mamman, particularly given the gravity of the charges.
However, the judge emphasized that Mamman remains presumed innocent until proven guilty.
Mamman, appointed Minister of Power by former President Muhammadu Buhari in August 2019 and relieved of his duties in September 2021, is facing a 12-count amended charge marked FHC/ABJ/CR/273/2024. The EFCC arraigned him in July 2024 for allegedly conspiring with officials of the ministry and private companies to “indirectly convert” N33.8bn intended for the Zungeru and Mambilla Hydro Electric Power projects. He has pleaded not guilty.
In its case, the EFCC called 17 witnesses and tendered 43 exhibits before closing its presentation. Mamman subsequently filed a no-case submission on November 19, arguing that the agency had failed to produce credible evidence linking him to the alleged fraud.
The EFCC, in its counter-argument dated November 25, insisted that the testimonies of its witnesses and the exhibits presented were sufficient to establish a prima facie case.
Justice Omotosho agreed, stating that the prosecution had presented enough material to require the defendant to open his defence in accordance with Section 36 of the 1999 Constitution.
“I have carefully gone through the evidence presented to the court by the prosecution,” the judge said. “The evidence all points to the establishment of a prima facie case against the defendant. This is not to say that the defendant is guilty; it simply ensures he is afforded his right to a fair hearing.”
He stressed that establishing a prima facie case does not imply guilt but allows the defendant the opportunity to address unresolved issues before the court reaches a final decision. He also cited Section 135(1) of the Evidence Act, which states that the burden of proof still rests on the prosecution.
The judge added, “The defendant, having not waived his right to defend himself, is hereby called upon to put in his defence. Consequently, the no-case submission is overruled.”
The matter was adjourned until February 23, 2026, for Mamman to open his defence.
