Former Minister of Power, Saleh Mamman, was conspicuously absent in court on Thursday as the Federal High Court in Abuja set to deliver judgment in the alleged N33. 8 billion money laundering charge.
Justice James Omotosho had rescheduled the judgment for Thursday after parties in the case were duly served with hearing notices.
However, when the matter was called, Mamman was not in court.
Lawyer who appeared for Mamman, Mohammed Ahmed, told the court that though the defence received the hearing notice that the matter would be coming up for judgment, they had been unable to get in touch with the defendant.
“My Lord, the defendant is not in court. We received a message that the matter is for judgment and it was delivered on Tuesday.
“And since then, we have been trying to reach him (Mamman) but all efforts made have not been successful.
“But yesterday, one of his associates informed us that he is indisposed,” Ahmed said.
When the judge asked if there was any medical report about Mamman’s ill-health, the lawyer responded in the negative.
Responding, Rotimi Oyedepo, SAN, counsel for the EFCC, told the court that the hearing notice was also received by the prosecution that the judgment would be delivered today.
He said equally the defence lawyer confirmed that they were aware of the proceeding.
Oyedepo, who is also the Director, Public Prosecution of the Federation, however, said there was no evidence to back Ahmed’s submission that Mamman was indisposed, and that no strong reason was given by the lawyer.
The prosecution lawyer said under the Administration of Criminal Justice Act (ACJA), 2015, the court has the discretionary power to proceed with the judgment.
“And we are aware that the defendant has been on bail,” he said.
He, however, suggested that the court could stand down the matter to get Mamman’s whereabouts and reconvene for the judgment later.
But Ahmed insisted that they had been unable to know the whereabouts of their client.
“All efforts to get in contact with him have proved abortive,” he said.
The lawyer, who prayed the court for an adjournment, said Mamman, since the beginning of the trial, had been diligent in attendance.
“But today, we were informed by one of his associates that he is sick.
“My Lord, the defendant has never missed court for the past two years,” he added.
Responding, Oyedepo said since there was no indication as to when Mamman might be seen, he applied that the court should proceed with the judgment.
Ahmed equally aligned with Oyedepo’s submission.
“My lord can proceed to give judgment and if it is in his favour, bye bye to the court but if convicted, my lord can proceed with sentence in another date,” Ahmed said.
Justice Omotosho then asked if the defence could be given a day adjournment to allow the defendant be in court but Ahmed prayed for a fairly long adjournment.
The judge, who said a notice was duly issued to parties about the date, said the court would not go to social media to announce hearing date.
The judge frowned at Ahmed’s response, saying lawyers should be careful in order not to paint the judiciary in bad light.
“The defendant is not here and there is no medical report to back this.
“We are all ministers in the temple of justice counsel,” the judge said.
Oyedepo then urged the court to oroceed with the judgment.
“We are saying that the court can proceed with the judgment and if convicted, we will apply for a date for sentencing and if he is discahrged, fine,” he said.
Justice Omotosho therefore resolved to proceed with the judgment.
As at the time of filing this report, the judgment is still being read.
The News Agency of Nigeria (NAN) recalls that Mamman, 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.
