A Federal High Court in Abuja has admitted in evidence the confessional statement made by former Minister of Power, Engr Saleh Mamman, while being investigated over the N33.8 billion money laundering case brought against him by the Economic and Financial Crimes Commission (EFCC).

Justice James Omotosho, in a ruling yesterday, dismissed the objection raised by Mamman to the admissibility of the statement he made on February 20, 2024 and eight other statements.

The ruling was on the trial-within-trial conducted by the court following claim by the ex-minister that he did not make the statement of February 20, 2024 voluntarily and that he was not supplied with video recordings of the sessions where he made the other eight statements.

Justice Omotosho upheld that case of the prosecution that the defendant volunteered the statement of February 20, 2024 after the words of caution were administered to him as required.

The judge held that, as against the defendant?s claim that he was not in a good frame of mind when he was asked to make the statement of February 20, 2024, there was no evidence to support such claim.

He found that although the ex-minister claimed to be ill on the said day, he did not ask to be excused, but instead, he directed his lawyer, Mohammed Ahmed, to write the statement for him while he dictated what should be written.

The judge also rejected the defendant?s claim that he was not sure his lawyer wrote exactly what he dictated and that the lawyer could have added other information outside what he dictated.

Justice Omotosho wondered why the ex-minister, who had promised to call the said lawyer as his witness in the trial-within-trial, failed to do so when he had the opportunity.

The judge held that as against the defendant?s claim that he was forced to make the said statement, a video recording of the statement taking session, which was played in court showed that he was relaxed and smiling with his interrogators.

He said the conduct of the defendant amounted to a classic case of the trying to deny his confessional statement, which he voluntarily made.

The judge also faulted the ex-minister?s contention that the prosecution?s failure to provide him with the video recordings of the sessions where he made other statements amounted to being denied adequate materials to prepare for his defence.

Justice Omotosho said he ought to have applied to the court to order the prosecution to provide him with all the materials he requires if indeed he actually wanted them.

The judge held that the right to adequate facilities to prepare defence is not automatic, adding that he was to apply to the court to order the prosecution to make the video available to him; an option he failed to take.

Justice Omotosho found that the ex-minister failed to prove that he was forced to make the confessional statement, adding that his complaint that he was not given the video recordings was belated.

He proceeded to admit the nine statements in evidence and adjourned till November 3 for continuation of trial.

Apart from the statement he made on February 20, 2024, other statements admitted by the court included those the defendant made on May 10, 2023; May 11, 2023; May 12, 2023; May 15, 2023; May 17, 2023; May 19, 2023; August 3, 2023 and August 29, 2023.

Mamman, who was a minister under former President Muhammadu Buhari from 2019 to 2021, was accused by the Economic and Financial Crimes Commission (EFCC) in a 12-count charge of diverting N33,804,830,503.73 released for the Mambilla and Zungeru Hydroelectric Power Plant Projects by the Federal Government.

The EFCC said the offence was contrary to Sections 18(a), 15(2)(b) of the Money Laundering (Prohibition) Act, 2011 (as amended), and punishable under Section 15(3) of the same Act.

Some counts in the charge sheet read:

*That you, Saleh Mamman (male), sometime in 2019, in Abuja, whilst you were the Minister of Power, conspired with other officials of your ministry and some private companies to indirectly convert the total sum of N=33,804,830,503.73 through various private companies which sums you reasonably ought to have known formed part of the proceeds of unlawful activity, to wit: criminal breach of trust about the funds released for the Mambilla and Zungeru Hydroelectric Power Plant Projects by the Federal Government of Nigeria.

*That you, Saleh Mamman (male), sometime in December 2019, in Abuja, conspired with Samson Bitrus to make a cash payment of US$655,700:00 to Mohiba Investment Ltd. (acting through Mohammed Asheik Jidda), without going through a financial institution. (The Nation)

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