The Federal High Court in Abuja has dismissed a no-case submission filed by former Minister of Power, Saleh Mamman, ruling that he must enter a defence in the N33.8bn fraud case brought against him by the Economic and Financial Crimes Commission (EFCC).

Justice James Omotosho, in his ruling, held that the prosecution had established a prima facie case sufficient to require explanations from the defendant.

He stressed, however, that Mamman remains presumed innocent until proven otherwise.

Mamman, appointed Minister of Power in 2019 by the late former President Muhammadu Buhari and relieved of his duties in 2021, is standing trial on a 12-count amended charge.

The EFCC alleged that he conspired with officials of the ministry and private companies to “indirectly convert” N33.8bn allocated for the Zungeru and Mambilla hydropower projects. He has pleaded not guilty.

The anti-graft agency closed its case after calling 17 witnesses and tendering 43 exhibits. Mamman subsequently sought to be discharged, arguing that the evidence led by the EFCC was weak and incapable of securing a conviction

But the EFCC countered in a written address that the testimonies of PW1 to PW17, alongside the documents tendered, were strong enough to justify calling the former minister to enter his defence.

Justice Omotosho aligned with the prosecution’s position.
“The evidence presented points to the establishment of a prima facie case. The defendant must provide an explanation or defence, particularly given the gravity of the allegations,” he said.

The judge emphasised that the court was not at this stage determining guilt but ensuring that the defendant is allowed to respond to the case against him, as guaranteed under Section 36 of the 1999 Constitution.

He noted that establishing a prima facie case merely allows the matter to proceed to the defence stage and does not shift the burden of proof from the prosecution, which must still prove its case beyond a reasonable doubt in line with Section 135(1) of the Evidence Act, 2011.

Having overruled the no-case submission, Justice Omotosho ordered Mamman to open his defence.

The judge subsequently adjourned until February 23, 2026, for the former minister to begin his defence.