Justice James Omotosho of the Federal High Court, Abuja, has dismissed a no-case submission filed by former Minister of Power, Saleh Mamman, ruling that the Economic and Financial Crimes Commission (EFCC) has established a prima facie case against him.
Delivering the ruling on Thursday, Justice Omotosho held that the evidence presented by the EFCC was sufficient to require the defendant to enter a defence, given the seriousness of the allegations.
He emphasised, however, that Mamman remains presumed innocent until proven guilty.
The EFCC is prosecuting Mamman on an amended 12-count charge bordering on money laundering and conspiracy. The commission alleges that he conspired with ministry officials and some private companies to “indirectly convert” ₦33.8 billion earmarked for the Zungeru and Mambilla Hydro Electric Power projects.
Mamman pleaded not guilty when he was arraigned in July 2024.
To prove its case, the EFCC called 17 prosecution witnesses and tendered 43 exhibits before closing its case. Mamman subsequently filed a no-case submission on November 19, arguing that the prosecution failed to present credible evidence capable of sustaining a conviction or requiring him to enter a defence.
But in a written address dated November 25, the EFCC countered that the testimonies of its PW1–PW17 and the admitted exhibits clearly established a prima facie case.
In his ruling, Justice Omotosho held that the defendant must now enter his defence in line with Section 36 of the 1999 Constitution, noting that this right remains fundamental unless expressly waived.
“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,” the judge said.
He added that the beautifully crafted address of counsel “cannot take the place of evidence” and that allowing the defendant to respond is necessary to clear any unresolved issues that may affect the court’s final decision.
Consequently, the no-case submission was overruled, and Mamman was ordered to enter his defence.
Justice Omotosho adjourned the matter to February 23, 2026, for the former minister to open his defence.
