Court Convicts Ex-Power Minister, Mamman in N33 billion Fraud Charges

A Federal High Court in Abuja has convicted former Minister of Power, Saleh Mamman, in a 12-count amended money laundering case instituted against him by the Economic and Financial Crimes Commission (EFCC) involving N33 billion.

Justice James Omotosho convicted Mamman on Thursday while adjourning his sentencing to a later date.

The ex-minister, who was absent when the judgment was delivered, had previously pleaded not guilty, paving the way for a full trial.

What the court said 

Passing his judgment, Justice Omotosho held that the two issues that would determine the judgment were whether the ex-minister’s right to a fair hearing was breached and whether the prosecution had established its case beyond reasonable doubt.

Omotosho held that the ex-minister had the right to adequate facilities and sufficient time in a criminal trial.

The defence alleged that the denial of his right to recall PW2, who had been duly cross-examined, amounted to a denial of fair hearing.

• But the judge said, “This attempt (to recall a witness who has been duly cross-examined by the defence) is, without doubt, a strange procedure,” and was aimed at rubbishing the evidence of the prosecution.

Omotosho held that the issue was resolved in favour of the prosecution.

On the amended charge, the judge said the prosecution was allowed by law to amend the charge before judgment and did not require leave of court to do so.

The defendant failed to call any witness in rebuttal of the prosecution’s case.

• “Consequently, this Court holds that the prosecution has established counts 1–4 of the charge, and the defendant is convicted,” the judge said.

The judge also held that the ex-minister purchased a property in cash beyond the limit stipulated by law.

The judge held that the evidence of the prosecution witnesses “are quite believable”, adding that the ex-minister could not dispute the criminal breach of trust and conspiracy allegations of the EFCC.

The judge added that the ex-minister had admitted using the said illicit funds.

The court concluded that the EFCC has established its case beyond reasonable doubt.

However, the judge said the prosecution has established that at least N22 billion was diverted by the ex-minister.

The judge said it is a shameful thing for the ex-minister to diverting money meant for addressing Nigeria’s power issue.

Backstory

Nairametrics previously reported that former President Muhammadu Buhari had relieved the ex-Power Minister of his position in 2021, paving the way for an independent and critical review of his performance.

Three years later, the EFCC arraigned him on Thursday, July 11, 2024, accusing him of conspiracy and abuse of office.

He was alleged to have conspired with other officials of the ministry and some private companies to indirectly divert and convert N33,804,830,503.73 through various private companies, in contravention of relevant laws.

The EFCC legal team stressed that the former official’s actions amounted to criminal breach of trust in relation to funds released for the Mambilla and Zungeru Hydroelectric Power Plant Projects by the Federal Government of Nigeria.

The court had granted the defendant N10 billion bail with two sureties in like sum.

Mamman’s counsel, Femi Ate (SAN), had filed a final written address to dispute the EFCC’s allegations.

What you should know 

Mamman was Nigeria’s Minister of Power between 2019 and 2021.

His tenure in office was cut short after allegations of financial misappropriation were made against his office.

He was arrested and detained by the EFCC on May 10, 2021, after being removed from office by former President Muhammadu Buhari.

In April this year, the ex-minister, announced that he had officially obtained the Expression of Interest and Nomination Forms under the All Progressives Congress (APC) to contest the forthcoming governorship election in Taraba State.