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

Delivering the ruling, Justice James Omotosho held that the prosecution had established a prima facie case requiring the defendant to offer explanations. He stressed, however, that Mamman remains presumed innocent until proven guilty.

Mamman, appointed Minister of Power in 2019 by the late former President Muhammadu Buhari and removed in 2021, is facing a 12-count amended charge bordering on conspiracy, money laundering, and abuse of office.

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

The prosecution closed its case after calling 17 witnesses and tendering 43 exhibits. In response, Mamman filed a no-case submission, arguing that the evidence was weak and incapable of sustaining a conviction.

But in a written reply, the EFCC insisted that the testimonies of PW1–PW17 and the documentary evidence were sufficient to require the former minister to enter a defence.

Justice Omotosho agreed with the EFCC’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 ruled.

The judge clarified that the ruling does not amount to a determination of guilt, noting that the defence is merely being called upon to respond to the case, as provided under Section 36 of the 1999 Constitution.

He added that establishing a prima facie case does not shift the burden of proof from the prosecution, which must still prove its case beyond reasonable doubt in line with Section 135(1) of the Evidence Act, 2011.

Having dismissed the no-case submission, the court ordered Mamman to open his defence.

The matter was adjourned to February 23, 2026, for the former minister to begin his defence.