The Federal High Court in Abuja on Thursday ruled on the case involving former Minister of Power, Saleh Mamman. The court decided that the no-case submission he filed could not stand, setting the stage for him to open his defence in the fraud case brought by the Economic and Financial Crimes Commission.
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Justice James Omotosho delivered the ruling after reviewing the evidence the EFCC had presented during earlier hearings. The judge said the material brought before the court was enough for the former minister to answer to, noting that the court was not declaring him guilty but only asking him to respond to the issues raised. Mamman still enjoys the presumption of innocence as required under the law.
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Mamman served as minister from August 2019 until he was removed in September 2021. He is being tried on a 12-count amended charge filed by the EFCC. The charge accuses him of working with officials of the Ministry of Power and some private firms to divert N33.8 billion meant for the Zungeru and Mambilla hydroelectric power projects. He was arraigned in July 2024 and pleaded not guilty.
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During the trial, the EFCC called 17 witnesses and tendered 43 documents before closing its case. After the close of the prosecution’s case, Mamman filed a no-case submission on November 19, claiming that the EFCC had not produced enough lawful evidence to require him to present a defence. The EFCC responded on November 25, insisting that the testimonies of all witnesses and the documents tendered were enough for the court to ask the former minister to defend himself.
In his ruling, Justice Omotosho said the court had reviewed everything before it and found that the prosecution had raised issues that the defendant must respond to. He said the court would not go into the weight of the evidence until the end of the trial and that Mamman must now enter his defence as provided under the Constitution and the Evidence Act. The judge also noted that the right of any defendant to defend himself cannot be removed unless the defendant chooses to waive it.
The matter has been adjourned to February 23, 2026, when Mamman is expected to begin his defence before the court.
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