Former Minister of Power, Saleh Mamman, has approached the Court of Appeal, Abuja Division, seeking to overturn his conviction and consecutive prison sentences totalling 75 years in the ₦33.8 billion money laundering case prosecuted by the Economic and Financial Crimes Commission.
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In a notice of appeal dated May 26, 2026, filed by his legal team led by Femi Atteh, SAN, Mamman is asking the appellate court to set aside the judgment of the Federal High Court in Abuja and enter an order discharging and acquitting him. His appeal contains 18 grounds challenging both the procedure adopted by the trial court and the findings that resulted in his conviction.
Justice James Omotosho had on May 7 convicted Mamman on all 12 counts brought against him by the EFCC in connection with funds linked to the Zungeru and Mambilla hydroelectric power projects. On May 13, the judge imposed varying prison terms on the counts and ordered that they run consecutively, producing a cumulative sentence of 75 years.
Mamman was sentenced to seven years each on Counts 1, 2, 3, 6, 7, 8, 9, 10, 11 and 12 without an option of fine; three years on Count 4 with an option of a ₦10 million fine; and two years on Count 5 without an option of fine. He was convicted and sentenced in absentia before being arrested by the EFCC on May 19.
Central to Mamman’s appeal is his contention that his constitutional right to fair hearing was breached when judgment was delivered in his absence on May 7.
His lawyers contend that the case had earlier been adjourned until June 9 for judgment, but that the date was subsequently brought forward without a hearing notice being served on him. They argue that Mamman never waived his right to be present and that the procedure violated Section 36 of the 1999 Constitution and Section 352(4) of the Administration of Criminal Justice Act, 2015.
The former minister is also challenging the manner in which the trial court dealt with a subpoenaed witness, Abdulkareem Ozi Ibrahim.
According to the grounds of appeal, the trial judge allegedly prevented Ibrahim from testifying as a defence witness while permitting the prosecution to reopen his examination-in-chief after it had previously closed its case and proceedings had been adjourned for cross-examination.
The defence further argues that Mamman’s conviction rested substantially on what it describes as uncorroborated accomplice evidence.
His lawyers are also challenging the convictions entered on Counts 7 to 12, contending that no plea was taken from Mamman on those counts. These contentions are grounds of appeal and have not yet been determined by the Court of Appeal.
Another major plank of the appeal concerns the trial court’s finding that funds earmarked for the Zungeru and Mambilla hydroelectric projects were diverted for Mamman’s benefit.
The defence argues that the funds were domiciled with the Central Bank of Nigeria and controlled by the Office of the Accountant-General of the Federation, maintaining that Mamman was neither an approving authority nor a signatory to the relevant accounts.
The Federal High Court had reached a different conclusion at trial, holding that the EFCC proved the charges beyond reasonable doubt and that funds connected with the power projects were unlawfully diverted. The prosecution called 17 witnesses and tendered 43 exhibits during the trial.
Mamman’s lawyers further contend that some of the trial court’s findings were founded on hearsay and speculation while documentary evidence favourable to the defence was allegedly disregarded.
He is also challenging the finding relating to the purchase of a property at No. 12 Lungi Street, Wuse II, Abuja. The former minister argues that the trial court wrongly required him to explain the source of the funds used to acquire the property, thereby improperly shifting the burden of proof from the prosecution to him.
Another ground attacks the admission of Mamman’s extra-judicial statements. His lawyers contend that the requirements of Sections 15 and 17 of the Administration of Criminal Justice Act, 2015, were not complied with, including provisions relating to audio-visual recording of statements.
Mamman further alleges in the appeal that the trial judge displayed bias against him during the proceedings, which his legal team contends occasioned a miscarriage of justice. The allegation remains for the Court of Appeal to determine.
The appeal comes amid separate post-conviction proceedings concerning assets allegedly linked to the former minister.
Following his conviction, the EFCC pursued forfeiture proceedings against properties it said were connected to Mamman. The Federal High Court had earlier made forfeiture orders concerning some properties and funds linked to him, while the commission subsequently pursued additional assets after saying the recoveries fell short of the restitution ordered by the trial court.
According to the latest proceedings reported by The Sun, the Federal High Court has now struck out a separate EFCC motion dated July 29, 2026, seeking further permanent forfeiture of properties allegedly linked to Mamman after prosecution counsel Abba Mohammed withdrew the application in view of the pending appeal.
Defence counsel Femi Atteh, SAN, did not oppose the withdrawal, following which Justice Omotosho struck out the application.
Mamman’s family and legal representatives have continued to question aspects of the trial, including the timing and service of the judgment, treatment of defence witnesses, alleged contradictions in prosecution evidence and disputed documents.
The Federal High Court, however, had held in its judgment that the EFCC established Mamman’s guilt beyond reasonable doubt on the 12 counts. The validity of that conviction and the complaints raised by Mamman are now matters for determination by the Court of Appeal.
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