Justice James Omotosho of the Federal High Court, Abuja, on Thursday dismissed a no-case submission filed by Saleh Mamman, former Minister of Power under the late President Muhammadu Buhari’s administration.
In his ruling, Justice Omotosho held that the Economic and Financial Crimes Commission (EFCC) had presented sufficient evidence to establish a prima facie case against Mamman, requiring the former minister to respond or present a defence.
The judge emphasised that, despite the ruling, Mamman remains presumed innocent until proven guilty.
The EFCC had charged Mamman with a 12-count amended charge, accusing him of money laundering and conspiracy with ministry officials and private companies to “indirectly convert” ₦33.8 billion allocated for the Zungeru and Mambilla Hydro Electric Power projects.
Mamman pleaded not guilty when arraigned in July 2024.
In building its case, the anti-graft agency called 17 witnesses and tendered 43 exhibits before closing its case. Mamman subsequently filed a no-case submission on November 19, arguing that the prosecution had not provided credible or reliable evidence to sustain a conviction or require him to enter a defence.
The EFCC, in response on November 25, argued that the testimonies of its witnesses (PW-1 to PW-17) and the exhibits presented were sufficient to establish a prima facie case.
READ ALSO: EFCC Arrests former Minister of Power, Saleh Mamman
Delivering the judgment, Justice Omotosho ordered Mamman to open his defence in accordance with Section 36 of the 1999 Constitution, allowing him to explain the evidence submitted by the EFCC.
The judge clarified that the ruling did not imply Mamman was guilty but was intended to provide the defendant an opportunity to exhaust his defence and address any unresolved issues before the court reaches a final decision.
He reaffirmed that the right to defend oneself is a fundamental constitutional right under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Such right cannot be taken from a defendant except where a defendant expressly or by conduct waives same,” the judge said.
Justice Omotosho held that, in criminal trial, a defendant can elect to rest his case on the prosecution’s case, enter his defence or make a no-case submission.
“This defendant, having not waived his right to defend himself either expressly or by conduct and the no-case submission made by him having been overruled, he is hereby called upon to put in his defence to the charge against him.
“In conclusion, the address of counsel, no matter how beautifully constructed, cannot take the place of evidence.
“Based on the fundamental right to fair hearing as contained in Section 36 of the 1999 Constitution which the defendant is entitled to, this court is inclined to give him the opportunity and afford him his fundamental right to fair hearing.
“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,” Justice Omotosho ruled.
Justice James Omotosho subsequently adjourned the matter until February 23, 2026, for him to open his defence.
