Justice James Omotosho of the Federal High Court sitting in Maitama, Abuja, on Thursday stopped a defence counsel, Femi Atteh, SAN, from using an unauthorised witness in the ongoing trial of former Minister of Power, Saleh Mamman, over alleged N33.8 billion fraud.
![](https://thenigerialawyer.com/wp-content/uploads/2026/01/SADR.jpeg")
The judge held that a subpoenaed witness, Abdulkareem Ibrahim Ozi, had already testified as a prosecution witness in the matter and could not be recalled to stand as a defence witness at the instance of the court.
Omotosho ruled that the witness, who had appeared earlier as PW2, could not be made to testify again for the defence without following proper legal procedure.
“What I know is that, a witness having testified in court, even though he is a witness of the court, having been cross-examined by the other party, he can’t be called to give evidence without reason. This procedure is strange and not known to our jurisprudence. However, the defence is not foreclosed to call him for cross- examination,” he said.
Earlier in the proceedings, the matter, which was slated for the defendant to enter his defence, took a different turn when defence counsel prayed the court to allow the subpoenaed witness to testify as a defence witness, despite having already been called by the prosecution.
“I don’t mind taking an oral application for the witness that is on subpoena before the court. There are documents to which he is the maker that deserves clarification that will help the defense, like PwB 1,2,3,” he said.
However, prosecution counsel, Rotimi Oyedepo, SAN, objected to the request, describing the move as not only strange but an abuse of court process.
“My lord, I am a prosecutor and not a persecutor that represents everyone. On November 12, 2024, I led evidence with this witness, as Pw2, he brought documents, was cross examined and the court discharged him. The learned counsel sought a judicial decision to call this witness, this process is not only strange but an abuse of court process. The defence has not told us what aspect of the exhibit needs cross examination. When we were conducting our case, we gave them documents in advance, so which documents are they referring to so that we are not taken by surprise,” he said.
In his ruling, Justice Omotosho discharged the witness from the witness box. He further stated that if the defence intended to use him as their witness, they should make a proper written application by way of notice, rather than attempting to use him at the instance of the court through a subpoena.
Responding to the court’s decision, the defence counsel informed the court that they had closed their case.
The matter was subsequently adjourned to April 13, 2026, for the adoption of final written addresses.
Mamman is being prosecuted by the Economic and Financial Crimes Commission on a 12-count charge bordering on conspiracy and money laundering involving ₦33,804,830,503.73.
In January, a Federal High Court judge in the FCT, Justice Maryann Anenih, accused defence counsel Temitayo Sonuyi, SAN, of adopting “time wasting antics” in Mamman’s trial.
Mamman and seven others are standing trial on a nine-count charge bordering on conspiracy, false pretence and intent to defraud to the tune of N31,070,541,349.64.
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