By Paul Joseph
Former Minister of Power, Saleh Mamman, has appealed his 75-year prison sentence handed down by the Federal High Court in Abuja following his conviction on 12 counts involving an alleged N33.8 billion fraud case.
Mamman, through his legal team led by Senior Advocate of Nigeria, Femi Atteh, is asking the Court of Appeal, Abuja Division, to overturn the conviction and discharge and acquit him.
His notice of appeal, dated May 26, 2026, contains 18 grounds challenging the judgment of Justice James Omotosho.
One of the central grounds of the appeal is the claim that Mamman’s right to fair hearing was breached when judgment was delivered on May 7, 2026, in his absence.
His lawyers argued that the trial court had earlier fixed June 9 for judgment but subsequently brought the date forward without serving Mamman with a hearing notice.
They contend that Mamman did not waive his right to be present and that the circumstances amounted to a violation of Section 36 of the 1999 Constitution and Section 352(4) of the Administration of Criminal Justice Act, 2015.
The defence also challenged the handling of a subpoenaed witness, Abdulkareem Ozi Ibrahim, alleging that the trial court prevented the witness from giving evidence for the defence while permitting the prosecution to reopen its examination of the same witness after it had closed its case.
Mamman’s lawyers further argued that the conviction relied substantially on uncorroborated accomplice evidence and that no plea was taken on counts seven to 12.
Another ground of appeal concerns the prosecution’s allegation that funds connected to the Zungeru and Mambilla hydroelectric projects were diverted for Mamman’s personal benefit.
The defence maintains that the relevant funds were domiciled with the Central Bank of Nigeria and controlled by the Office of the Accountant-General of the Federation, arguing that Mamman was neither an approving authority nor a signatory to the accounts.
His legal team also challenged what it described as reliance on hearsay and the failure to give adequate consideration to documentary evidence presented during the trial.
The defence further argued that the trial court improperly placed the burden of proof on Mamman by holding that he failed to explain the source of funds used to acquire a property on Lungi Street, Wuse II, Abuja.
It also challenged the admission of Mamman’s extra-judicial statements, alleging that the requirements of Sections 15 and 17 of the Administration of Criminal Justice Act were not complied with, including the absence of audio-visual recording.
The lawyers additionally alleged that the trial judge displayed bias during the proceedings and that this resulted in a miscarriage of justice.
The Federal High Court had convicted Mamman on May 7, 2026, after finding the Economic and Financial Crimes Commission had established its case against him on the 12 counts. He was subsequently sentenced to a cumulative 75 years in prison on May 13, with the terms ordered to run consecutively.
Meanwhile, the Federal High Court in Abuja has struck out a separate application by the EFCC seeking the permanent forfeiture of properties allegedly linked to Mamman.
Justice James Omotosho struck out the application after EFCC prosecutor, Abba Mohammed, withdrew it, telling the court that the decision followed Mamman’s appeal against the entire judgment.
The forfeiture application, dated July 29, 2026, sought orders permanently forfeiting properties allegedly traced to the former minister to the Federal Government.
Mamman’s counsel, Atteh, did not oppose the withdrawal, after which the court granted the application and struck out the motion.
Mamman’s appeal will now place the disputed issues before the Court of Appeal for determination.
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