Justice James Omotosho of the Federal High Court sitting in Abuja on Thursday convicted the former Minister of Power, Mr Saleh Mamman for money laundering offences to the tune of N33. 8 billion.
In a judgement, he also issued a warrant of arrest against Mamman, who was conspicuously absent in court but sighted by some journalists at Treasure Suites opposite the Federal High Court where aspirants of All Progressive Congress, APC, are obtaining nomination forms.
Justice Omotosho ordered that the ex-minister should be produced in court in the next adjourned date by the Economic and Financial Crimes Commission (EFCC) for sentencing.
The judge then adjourned the matter until May 13 for the defendant to be sentenced.
The order followed an application by EFCC’s lawyer, Rotimi Oyedepo, SAN, shortly after Mamman was found guilty of the 12-counts charge and convicted accordingly.
“We are very grateful my lord for the well delivered judgment.
“Section 352 of Administration of Criminal Justice Act (ACJA), 2015, particularly Sub 5, talks about the power of the honourable court to impose sentence when a defendant is arrested or surrendered himself to court.
“We therefore ask for arrest warrant and a date for sentencing my lord,” he said.
Earlier, Mamman’s lawyer, Mohammed Ahmed, had begged the court for an adjournment to enable his client present himself.
But when the judge asked Ahmed when he felt the defendant could be contacted to appear in court, the lawyer said he would contact the ex-minister’s personal assistant.
“I delivered the judgment because you said you didn’t know how long it will take you to get the defendant and the court cannot continue to wait.
“This is an attempt to arrest the judgment.
“It is an attempt by counsel to arrest the judgment which the court will not fall into,” he said.
The judge then directed the parties to take a date for the sentencing but Ahmed restated that the defence team had been unable to reach their client.
“We will do our possible best to inform his P. A. my lord,” he said.
“So you don’t have access to him? And you want the court to adjourn until when?” the judge aaked.
Responding, Oyedepo said it was obvious that in view of Ahmed’s statement, he cannot get Mamman.
“Therefore, we will be asking for his arrest warrant. The defendant is now a convict my lord and we urge your lordship to issue the arrest warrant,” he said.
Justice Omotosho held in the judgement that the EFCC had established and proved the 12-count amended charge against the defendant beyond reasonable doubt.
“The prosecution has established that, at least, N22 billion naira was siphoned by the defendant and his cronies.
“This is sufficient to sustain the charge. Consequently, the defendant is hereby convicted of Count 1 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 of Count 1 of the charge,” Justice Omotosho said.
The judge held that Mamman’s act of diverting funds meant for other purposes such as the Zungeru and Mambila Hydroelectric Power Project to his own use was quite an eyesore.
“The sheer greed of the defendant and his comrades in crime is nothing but a downright shameful thing.
“For defendant, who held a critical position such as Ministry of Power, rather than being concerned with creating a legacy of solving the epileptic power supply in the country, the defendant began siphoning and converting monies for serious projects into private pockets.
“The defendant was living large at the expense of ordinary Nigerians who had suffered from the consequence of his malfeasance. “
“Little wonder that Nigeria has remained in darkness now,” the judge said.
According to Justuce Omotosho, I must say the defendant was ingenious in trying to hide his involvement by using proxy companies and accomplices to pick the funds for him.
“However, the diligent investigation of the prosecution was able to link him to the said funds.
“This court must salute the detailed nature of the investigation carried out in this matter and for presenting a coherent and cogent case against the defendant.
“The defendant on the other hand is condemned for greedily converting public funds to his own 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 ruled.
The convict, Mamman served as Minister of Power between 2019 and 2021.
The ex-minister, who recently Indicated his intention to vie for the 2027 governorship race in Taraba, obtained the nomination form on the platform of All Progressives Congress (APC).
The EFCC, in the charge marked: FHC/ABJ/CR/273/2024, had preferred a 12-count amended charge against the ex-minister as sole defendant.
The commission, in July 2024, arraigned Mamman on alleged money laundering and conspiracy with officials at the ministry and some private companies to “indirectly convert” the sum of N33.8 billion meant for the Zungeru and Mambilla Hydro Electric Power projects.
The former minister, however, pleaded not guilty to the charges.
The anti-graft agency, in proving its case, called 17 prosecution witnesses (PWs) through its lawyer, Rotimi Oyedepo, SAN, who is also the Director, Public Prosecutions of the Federation.
The commission also 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.
But Mamman, in his final written address dated March 31 but filed April 1, formulated three issues for determination.
These were, “whether having regard to the failure of the prosecution to produce vital documents in the prosecution’s possession which are required for the defence of the defendant and several other acts and omissions of the prosecution which denied the defendant of a fair trial, the trial of the defendant was conducted in accordance with the principles of fair hearing?
“Whether the proceedings of this honourable court was conducted upon a valid charge and the jurisdiction of this honourable court was properly invoked to activate this proceedings?
“Whether the prosecution has proffered credible, admissible, legal evidence sufficient to make a finding of guilt in respect of all the charges/counts proffered against the defendant?”
But the EFCC, in its final written address filed by Oyedepo on April 14, asked: “Whether in view of the evidence of PW-1 to PW-17 and Exhibits PWA to PWFF8 admitted in evidence, it can be said that the prosecution has not proved beyond reasonable doubt the case against the defendant.”
Delivering the judgement, the judge resolved all the three issues raised by Mamman against him.
“The defence in this case attempted to recall PW-2 to testify for the defendant after the said PW-2 was 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.
“Whether the one for the prosecution or the one for the defence.
“Where the court permits such, then there is no way to know if the defence would recall all the other 16 witnesses for the prosecution as its own witnesses.
“The defence had the chance 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 the director of the Federal Projects Financial Management Department.
On the issue of non-production of the books of PW-9 and PW-11 showing how and who they handed over cash to after their accounts were credited, the judge said the defence did not have the secondary evidence of the books to make a notice to produce useful information in the case.
Besides, he said to make matters worse, the prosecution is at liberty to tender whichever evidence it deems fit.
“Now a notice to produce is useful where a party intends to tender the 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 said.
The judge equally held that on the issue of the objection that the amended charge was incompetent, the prosecution is generally empowered to amend or even frame a new charge and that same will be allowed by the court 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 is quite a heavy burden to discharge, which the EFCC had been able to do beyond reasonable doubt.
The judge observed that some of the EFCC’s witnesses gave evidence on how monies budgeted for the power project were moved under disguised on the instruction of the ex-minister.
The judge said: “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 which he transacts with, including Prymint Investment and the 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 approaches him and asks for his account number which he uses to purchase dollars.
“He said Maina Goje began requesting for more accounts and same 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.”
He said the witness told the court that one Maina Goje would send an individual named Misbahu to him.
“According to him, whenever Maina Goje was unavailable, he would call to inform him that ‘Yaro’ was coming.
“He explained that Misbahu was commonly referred to as “Yaro” or “Yaron Minister.”
“He further stated that Maina Goje would provide him with account details for payments to be made, either in naira or in dollars.
“He added that the ‘Minister’ referred to in the nickname ‘Yaron Minister’ was the defendant, Saleh Mamman,” the judge said.
The judge said PW-10, Misbahu Idris, an Accountant with the Niger Delta Power Holding Company, Abuja and former Personal Assistant to ex-minister, said the defendant is his uncle and he worked with him for about two years.
Justice Omotosho said Idris testified that he knew Mr Maina Goje and also Mustafa Abubakar Bida.
“He said he got to know Mustafa Abubakar Bida when he called him one day and introduced himself that it was the defendant that gave his number to him to call him.
“He said that the defendant told him to call him and that he will be calling him from time to time, sending him to meet one Maina Goje in Wuse Zone 4, to collect messages for the defendant.
“PW-10 began meeting the said Maina Goje who sometimes gave him US Dollars or transfers Naira into PW-10’s First Bank account.
“PW10 said he usually informs the Defendant about these monies and the Defendant said he would tell him how to spend the money.”
The judge observed that the witness also have evidence that he refunded the sum of N190 million to EFCC on Mamman’s behalf who gave him the money for the refund.
He observed that though the former minister denied the allegations in his written address, the evidence of PW-1, PW-9, PW-10, PW-11, among others, clearly linked Mamman to the offences.
The judge observed that though the exact sum of N33. 8 billion could not be proven by the prosecution, he said such issue was immaterial.
He said the fundamental issue was whether the prosecution had been able to establish the charge beyond reasonable doubt.