N33.8bn Fraud: You have a case to answer – Court tells former Minister Saleh Mamman

The Federal High Court sitting in Abuja on Thursday, December 11, held that a former Minister of Power, Mr Saleh Mamman, who is facing trial over his alleged complicity in money laundering, has a case to answer. Mamman, who served in the administration of former President Muhammadu Buhari, is answering to a 12 count charge bordering on his alleged involvement in the laundering of public funds totalling about N33.8 billion. He had, after the Economic and Financial Crimes Commission which is prosecuting him closed its case with the evidence of 17 witnesses who testified before the court, applied to be discharged and acquitted. In a no case submission filed through his team of lawyers, the erstwhile Minister insisted that the anti graft agency failed to establish a prima facie case capable of warranting the court to compel him to enter his defence. He argued that the witnesses were unable to adduce any credible evidence linking him to the allegations and that their testimonies were discredited during cross examination to the extent that no court could rely on them to convict him. However, in his ruling on Thursday, trial Justice James Omotosho held that the defendants submissions lacked merit. Dismissing the no case submission, Justice Omotosho said he was satisfied that the EFCC led sufficient evidence for the court to require explanations from the defendant regarding the allegations. Consequently, referencing the right to fair hearing as enshrined in section 36 of the 1999 Constitution, the court ordered the former Minister to open his defence. Justice Omotosho held: 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. He continued: 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 fair hearing and to 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 court stressed that summoning the defendant to enter his defence was not an indication of guilt and that his presumption of innocence remained intact. This 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 reasonable doubt. Justice Omotosho therefore overruled the no case submission and ordered Mamman to enter his defence and make some explanations as to the charge and evidence made by the prosecution. The matter was adjourned to February 23, 2026, for the defendant to open his defence in the charge marked FHC ABJ CR 273 2024. The court had on July 12, 2024, granted the ex Minister bail in the sum of N10 billion with two sureties in like sum. It held that the sureties must be owners of landed properties within the Federal Capital Territory with a minimum valuation of N750 million. Mamman was arrested in 2021, about four months after he was removed from office by former President Buhari. The EFCC alleges that he conspired with staff of the ministry to divert about N22 billion meant for the Zungeru and Mambilla hydroelectric power projects. The agency said its investigations revealed that the suspects used the funds to acquire choice assets in Nigeria and abroad. One of the counts reads: That you, Saleh Kwsgyang Mamman (Male), sometime in 2019, in Abuja, within the jurisdiction of this court, 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 N33,804,830,503.73 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 in relation to the funds released for the Mambilla and Zungeru Hydroelectric Power Plant Projects by the Federal Government of Nigeria; and you thereby commit an offence 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.The post N33.8bn Fraud: You have a case to answer – Court tells former Minister Saleh Mamman appeared first on Linda Ikeji Blog.