The Federal High Court sitting in Abuja on Thursday convicted a former Minister of Power, Saleh Mamman, on a 12-count charge of money laundering involving ₦33.8 billion preferred against him by the Federal Government.

In a judgment delivered by the trial judge, James Omotosho, the court held that the prosecution, the Economic and Financial Crimes Commission (EFCC), had proved its case against the former minister beyond reasonable doubt, as required by law.

The judge held that the prosecution established that at least ₦22 billion was siphoned by the defendant and his cronies, stating that: “This is sufficient to sustain the charge. Consequently, the defendant is hereby convicted on Count One of the charge.

“The defence did not offer any credible evidence to rebut the evidence of the prosecution. Upon the unchallenged evidence of the prosecution, the court hereby convicts the defendant on Count One of the charge,” Justice Omotosho held, adding that Mamman’s diversion of funds meant for projects such as the Zungeru and Mambilla Hydroelectric Power Projects for personal use was a glaring abuse of office.

In delivering the judgment, the judge resolved all three issues raised by Mamman in favour of the prosecution.

The judge stated: “The defence in this case attempted to recall PW-2 to testify for the defendant after the said PW-2 had already been cross-examined and discharged by this court. This attempt by the defence is, without doubt, a strange procedure, as it is liable to put the court in a position where it has to choose which of the evidence of PW-2 to believe.

“Where the court permits such, there is no way to know if the defence would recall all the other 16 prosecution witnesses as its own witnesses. The defence had the opportunity to cross-examine PW-2 and elicit any evidence it desired.

“It cannot be allowed to make a mockery of the justice system by turning around to call the same PW-2 as its own witness. This is a ridiculous notion which this court will not accord any dignity to.

“The intention of the defence is not to clear ambiguities but to rubbish the evidence of PW-2 and waste the time of this court.

“No miscarriage of justice has occurred as a result of prohibiting PW-2 from being recalled. Consequently, this issue is resolved in favour of the prosecution,” he said.

PW-2, Abdulkarim Ozi Ibrahim, is an official of the Office of the Accountant-General of the Federation (OAGF), Treasury House, where he serves as Director of the Federal Projects Financial Management Department.

On the issue of the non-production of the records of PW-9 and PW-11 showing how and to whom they handed over cash after their accounts were credited, the judge held that the defence did not possess secondary evidence of the records to make a notice to produce useful information in the case.

Besides, he held that the prosecution was at liberty to tender whichever evidence it deemed fit.

“Now, a notice to produce is useful where a party intends to tender secondary evidence of a document. This is according to Section 91 of the Evidence Act. Consequently, this issue is resolved in favour of the prosecution,” Justice Omotosho held.

The judge also ruled that, on the issue of the objection that the amended charge was incompetent, the prosecution was empowered to amend or frame a new charge in line with Sections 216 and 217 of the Administration of Criminal Justice Act, 2015.

On the substantive issue, Justice Omotosho observed that the burden on the prosecution to establish the guilt of a defendant was a heavy one, which the EFCC successfully discharged beyond reasonable doubt.

The judge noted that some of the EFCC’s witnesses testified on how funds budgeted for power projects were moved in disguise on the instruction of the former minister.

The judge stated: “PW-9, Abdullahi Suleman, is a Bureau de Change operator who has been operating for about 25 years.

“According to him, he has several companies with which he transacts, including Prymint Investment and other companies linked to the defendant.

“PW-9 stated that he knows one Maina Goje, who is in the same business with him. He said Maina Goje usually approached him and requested his account number, which he used to purchase dollars.

“He said Maina Goje began requesting more accounts, and the same accounts were used to purchase US dollars. He stated that the transactions in question commenced in 2019 and continued until 2024, with a total value of approximately ₦22 billion.”

“The sheer greed of the defendant and his accomplices is nothing but downright shameful. For a defendant who held such a critical position as Minister of Power, rather than being concerned with creating a legacy by solving the country’s epileptic power supply, he instead siphoned and converted funds meant for critical projects into private pockets.

“The defendant was living lavishly at the expense of ordinary Nigerians who have suffered the consequences of his malfeasance. Little wonder Nigeria has remained in darkness,” the judge said.

According to Justice Omotosho: “I must say the defendant was ingenious in trying to hide his involvement by using proxy companies and accomplices to collect funds on his behalf.

“However, the diligent investigation of the prosecution was able to link him to the funds. This court must commend the detailed nature of the investigation carried out in this matter and the coherent and cogent case presented against the defendant.

“The defendant, on the other hand, is condemned for greedily converting public funds to his personal use.

“In final analysis, the prosecution has established the 12-count charge against the defendant beyond reasonable doubt.

“Consequently, he is hereby convicted as charged,” Justice Omotosho held.

The judge further criticised the convicted former minister for living extravagantly at the expense of Nigerians, stating that his actions contributed to the country’s persistent electricity challenges.

Shortly after Mamman was found guilty on all 12 counts and convicted accordingly, prosecution counsel, Rotimi Oyedepo, SAN, prayed the court to issue a warrant for the arrest of the convict, who was absent in court when the judgment was delivered without explanation.

Oyedepo, who is also the Director of Public Prosecutions of the Federation (DPPF), argued that the law empowers the court to impose sentence whenever a defendant is arrested or voluntarily appears before the court.

He further argued that the defence failed to provide credible evidence, such as a medical report, to support the claim that the convict was ill.

When the case was called, counsel to the convict, Mohammed Ahmed, informed the court that he had not had access to his client since Tuesday, when he received notice of the judgment.

He, however, pleaded with the court for an adjournment to enable his client present himself, adding that if the defendant failed to appear on the next adjourned date, the court could then issue a warrant for his arrest.

However, when the judge asked Ahmed when he believed the defendant could be contacted to appear in court, the lawyer said he would reach out to the former minister’s personal assistant.

He added that one of the convict’s associates informed him that the former minister was ill, which was the reason for his absence in court.

Justice Omotosho subsequently ordered that the former minister be produced in court by the EFCC on the next adjourned date for sentencing and adjourned the matter until May 13 for sentencing, having found the defendant guilty as charged.

The Commission, in July 2024, arraigned Mamman on allegations of money laundering and conspiracy with ministry officials and some private companies to indirectly divert ₦33.8 billion meant for the Zungeru and Mambilla Hydroelectric Power Projects.

The former minister, however, pleaded not guilty to the charges. In proving its case, the EFCC called 17 witnesses and tendered 43 exhibits against the defendant before closing its case.

However, Mamman, through his lawyer, Femi Atteh, SAN, did not call any witness in his defence and instead filed a no-case submission, which the court dismissed in a ruling delivered in December last year.

While delivering that ruling, the judge held that the EFCC had established a prima facie case against the former minister, adding that the evidence presented was sufficient for the defendant to enter a defence, particularly considering the seriousness of the allegations.

Mamman, who was appointed Minister of Power by former President Muhammadu Buhari in August 2019 and relieved of his duties in September 2021, was convicted on a 12-count amended charge brought against him by the EFCC.