A Federal High Court in Abuja has dismissed a no-case submission filed by former Minister of Power, Saleh Mamman, clearing the path for him to open his defence in the ₦33.8 billion fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).
Delivering the ruling on Thursday, Justice James Omotosho held that the anti-graft agency had presented sufficient evidence requiring the former minister to respond to the allegations. The judge said the prosecution had established a prima facie case, making it necessary for Mamman to provide explanations to the court.
EFCC Presented 17 Witnesses, 43 Exhibits
Mamman, who served under the administration of former President Muhammadu Buhari, was arraigned in July 2024 on a 12-count amended charge bordering on money laundering and conspiracy. The EFCC alleges that he colluded with ministry officials and private companies to “indirectly convert” ₦33.8 billion allocated for the Zungeru and Mambilla Hydro Power projects.
The former minister has pleaded not guilty to all charges.
To support its case, the EFCC called 17 witnesses and tendered 43 documentary exhibits before closing its presentation. Mamman, however, filed a no-case submission on November 19, arguing that the prosecution failed to produce credible evidence linking him to the alleged offences, and therefore he should not be required to enter a defence.
Court: Evidence Strong Enough to Demand Explanation
In its written response dated November 25, the EFCC insisted it had established a clear prima facie case through its witnesses and exhibits. Justice Omotosho agreed, ruling that the nature of the allegations and the weight of evidence presented make it necessary for Mamman to respond.
“The evidence tendered is such that the defendant must proffer some explanations,” the judge said, stressing that the ruling did not imply guilt but was required to allow the court fully assess outstanding issues.
Justice Omotosho emphasised that under Section 36 of the 1999 Constitution, Mamman retains an unqualified right to defend himself, and that his no-case submission—one of three options available to a defendant—had been validly raised but could not stand.
Right to Defence Must Be Exercised — Court
The judge reiterated that counsel’s written arguments “cannot take the place of evidence,” adding that the former minister must now provide his own account of events.
He affirmed that the defendant’s right to a fair hearing makes it necessary for the court to grant him the opportunity to present his defence before arriving at a final judgment.
Consequently, the court overruled the no-case submission and ordered Mamman to enter his defence.
Next Hearing Scheduled
Justice Omotosho adjourned the case to February 23, 2026, the date on which the former minister is expected to open his defence.
Mamman remains presumed innocent until proven otherwise.
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