A Federal High Court in Abuja has rejected a “no-case” submission filed by Mr. Saleh Mamman, the former Minister of Power under the Muhammadu Buhari administration. In a ruling delivered on Thursday, Justice James Omotosho declared that the Economic and Financial Crimes Commission (EFCC) has successfully established a prima facie case against the ex-minister.
The Ruling
Justice Omotosho ruled that the evidence presented by the prosecution is substantial enough to require an explanation from the defendant. He emphasized that while Mamman remains innocent until proven guilty, the severity of the allegations and the evidence tendered necessitate a formal defence.
The judge stated:
“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 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; put simply that he be afforded his right to fair hearing and 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,”
Case Background
Mamman, who served as Minister of Power from August 2019 until his removal in September 2021, is facing a 12-count amended charge. The EFCC alleges that he conspired with ministry officials and private companies to launder N33.8 billion intended for the Zungeru and Mambilla Hydroelectric Power projects.
To support its case, the anti-graft agency presented 17 witnesses and 43 exhibits. Mamman’s legal team had argued that the prosecution failed to provide credible evidence to warrant a conviction, but the court disagreed.
Next Steps
Justice Omotosho maintained that the defendant’s right to a fair hearing, as guaranteed by Section 36 of the 1999 Constitution, must be upheld by allowing him to present his side of the story.
He ruled:
“Consequently, the no-case submission is overruled and the defendant is hereby ordered to enter his defence and make some explanations as to the charge and evidence made by the prosecution,”
The case has been adjourned until February 23, 2026, for Mamman to open his defence.