By Ikechukwu Nnochiri

ABUJA– The Federal High Court sitting in Abuja, on Thursday, 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. 8billion.

He had after the Economic and Financial Crimes Commission, EFCC, which is prosecuting him, closed its case with the evidence of 17 witnesses that testified before the court, applied to be discharged and acquitted.

In a no-case-submission he 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 to the charge.

According to him, the witnesses were unable to adduce any credible evidence that nailed him to the charge, adding that their testimonies were manifestly discredited during cross-examination, such that no court could rely on them to make a conviction.

However, in his ruling on Thursday, trial Justice James Omotosho held that the defendant’s submissions lacked merit.

While dismissing the no-case-submission, Justice Omotosho said he was satisfied that the EFCC established sufficient reasons for the court to request explanations from the defendant with respect to the allegations against him.

Consequently, the court, referencing the right to fair hearing as enshrined in section 36 of the 1999 Constitution, as amended, ordered the former Minister to open his defence to the charge.

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.

“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,” he added.

Nevertheless, the court held that its decision to summon the defendant to enter his defence was not an indication that he has been indicted, stressing that his right to presumption of innocence was still 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.”

“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 trial judge held.

He, thereafter, adjourned the matter till February 23, 2026, for the defendant to open his defence to the charge marked: FHC/ABJ/CR/273/2024.

The court had on July 12, 2024, granted the ex-Minister bail to the tune of N10billion, with two sureties in the like sum.

It held that the sureties must be owners of landed properties within the Federal Capital Territory, FCT, Abuja, with a minimum valuation of N750million.

Mamman was arrested in 2021, about four months after he was removed from office by ex-President Buhari.

EFCC, among other things, alleged that he conspired with staff members of the ministry to divert about N22bn that was meant for the Zungeru and Mambilla Hydro Electric Power projects.

The anti-graft agency said its investigations revealed that the suspects used the funds to acquire choice assets, both within and outside the country.

One of the counts in the charge against him, read: “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 =N=33,804,830,503.73 (Thirty-Three Billion, Eight Hundred and Four Million, Eight Hundred and Thirty Thousand, Five Hundred and Three Naira, and Seventy-Three Kobo) 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.”

Source; Vanguard News