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To file a no-case submission
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From Godwin Tsa, Abuja
Former Minister of Power Saleh Mamman has informed a Federal High Court in Abuja of his intention to file a no-case submission in the charge of alleged complicity in a N31.70 billion fraud by the Economic and Financial Crimes Commission (EFCC).
Counsel to the ex-minister, S.T. Abba, disclosed this shortly after the EFCC had closed its case with its 17th witness (PW17), Abubakar Gabdo.
A no-case submission is a legal argument made by a defendant in a criminal trial, asking the judge to dismiss the case because the prosecution has not presented enough evidence to prove guilt beyond a reasonable doubt.
It is made after the prosecution rests its case and argues that no reasonable court could convict the defendant based on the evidence presented. If the submission is successful, the defendant is acquitted, and the trial ends; if it fails, the defence must present its case.
The EFCC had alleged that the defendant conspired and used bank accounts of various private companies to siphon funds from the coffers of the Federal Ministry of Power, Works and Housing, on false pretence that it was used for the payment of compensations.
Specifically, the prosecution had alleged that it discovered multiple suspicious transactions traced through various corporate accounts using Bureau de Change operators.
Some of the corporate accounts belonging to Breathable Investment, Fullest Utility Concepts, and Golden Bond Nigeria Ltd.
The former Minister has since denied the allegations that he personally instructed such payments.
Earlier, speaking under cross-examination, Abubakar Gabdo admitted that seven other persons – Mustapha Abubakar Bida, Joseph Omotayo Adewunmi, Ben Nsikak, Stephen Ojo, Oladipo Adebowale, Michael Achua, Ogunjobi Olusola – are in charge of the Mambila Zungeru Special Project Account which is domiciled with the Central Bank of Nigeria (CBN).
Gabdo said Mustapha Abubakar Bida was the Chief Account Officer of Mambila Zungeru Special Project Account, who gives a final approval.
The witness admitted that it was Mustapha Abubakar Bida that gives the final approval for the disbursement of funds for the Zungeru power project.
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In addition, Gabdo told the court that from documentary evidence before the commission, some of the payments were made before the defendant was appointed as the Minister of Power.
He equally admitted that even after his exit in 2021, some of the companies are still receiving large sums of money from Mambila Zungeru Special Project Account which is domiciled with the Central Bank of Nigeria (CBN).
The witness said the EFCC investigation on the Zungeru Mambila power project fraud started from 2017 to 2023, while the defendant was appointed Minister of Power in 2019 and exited in 2021.
Meaning that the alleged fraud started two years before the appointment of the defendant and it continues two years after he left office as confirmed from EFCC investigation report.
The witness confirmed that from 2019 Fullest Utility Concepts Limited had received large sums of money while Platinum Touch Enterprise received millions of naira from October 2021.
That same Fullest Utility Concepts Limited received large sums of money in 2022.
He told the court that in one single day, about 18 payment transactions were made to Platinum Touch Enterprise in 2021.
Gabdo admitted that companies like Silverline Ocean, Gurubce Limited, Royal Perimeter Ventures all received large sums of money at different periods.
After his evidence, the prosecution counsel, A.O. Mohammed, informed the court that he has closed the case of the prosecution against the defendant.
It was at this stage that the defendant counsel, S.T. Abba, announced that his client will file a no-case submission.
Meanwhile, Justice James Omotosho has adjourned the case to 21 November for adoption of written addresses to the no-case submission.
