Justice James Omotosho of a Federal High Court in Abuja has convicted former Minister of Power, Saleh Mamman, in the Economic and Financial Crimes Commission’s (EFCC) N33 billion power project fraud suit.
The judge delivered the judgment on Thursday in a 12-count amended money laundering charge brought against the ex-minister by the anti-graft agency. He adjourned sentencing to a later date.
Mamman, who was absent when the verdict was read, had pleaded not guilty at the start of the trial, leading to a full hearing of the case.
What the court said
Delivering judgment, Justice Omotosho stated that two key issues would determine the outcome: whether the ex-minister’s right to a fair hearing was breached, and whether the prosecution had proven its case beyond reasonable doubt.
The defence had argued that the denial of Mamman’s request to recall a prosecution witness (PW2), who had already been cross-examined, amounted to a denial of fair hearing. The judge dismissed this, calling the request “without doubt, a strange procedure” aimed at rubbishing the prosecution’s evidence. He resolved the issue in favour of the EFCC.
On the amended charge, the judge ruled that the prosecution was lawfully allowed to amend the charge before judgment and did not require the court’s leave to do so.
The judge noted that the defendant failed to call any rebuttal witness. “Consequently, this Court holds that the prosecution has established counts 1–4 of the charge, and the defendant is convicted,” Justice Omotosho said.
The court also found that Mamman purchased a property in cash above the legal limit, and that the evidence of prosecution witnesses was “quite believable.” The judge added that the ex-minister could not dispute the allegations of criminal breach of trust and conspiracy, and had effectively admitted using illicit funds.
While the EFCC had charged Mamman with diverting N33 billion, the judge held that the prosecution proved at least N22 billion was diverted. “It is a shameful thing for the ex-minister to be diverting money meant for addressing Nigeria’s power issue,” the judge said.
Background
Former President Muhammadu Buhari relieved Mamman of his position as Minister of Power in 2021, paving the way for an independent review of his tenure. The EFCC arrested and detained him on May 10, 2021.
He was eventually arraigned on July 11, 2024, accused of conspiracy and abuse of office. The EFCC alleged he conspired with ministry officials and private companies to divert N33,804,830,503.73 through various firms, particularly funds meant for the Mambilla and Zungeru Hydroelectric Power Plant Projects.
The court had earlier granted Mamman N10 billion bail with two sureties in like sum. His counsel, Femi Ate (SAN), had filed a final written address disputing the allegations.
In April this year, before his conviction, Mamman had obtained Expression of Interest and Nomination Forms under the All Progressives Congress (APC) to contest the governorship election in Taraba State.
Discussion about this post