Court Blocks Saleh Mamman’s Bid to Recall Key EFCC Witness in N33.8bn Fraud Trial

Federal High Court rules defence cannot re-call prosecution witness without formal application

The trial of former Minister of Power, Saleh Mamman, took a dramatic turn on Thursday after the Federal High Court in Abuja refused a defence attempt to recall a key prosecution witness in the ongoing N33.8 billion fraud case.

Justice James Omotosho of the Federal High Court, Maitama, ruled that the procedure adopted by the defence was “strange” and not recognised under Nigerian law.

Defence Move Rejected

At the resumed hearing, defence counsel Femi Atteh (SAN) made an oral application seeking to call Abdulkareem Ibrahim Ozi — who had previously testified as Prosecution Witness 2 (PW2) — to give evidence for the defence based on a subpoena.

Atteh argued that certain documents tendered during the prosecution’s case required further clarification and that the witness, as the maker of those documents, was in the best position to explain them.

“There are documents to which he is the maker that deserve clarification that will help the defence,” Atteh told the court, referencing exhibits marked PW B1, B2 and B3.

Prosecution Cries Foul

Prosecution counsel Rotimi Oyedepo (SAN) strongly opposed the application, describing it as procedurally improper and an abuse of court process.

Oyedepo reminded the court that the witness had already testified on November 12, 2024, was cross-examined extensively, and subsequently discharged.

“My lord, I am a prosecutor and not a persecutor,” he said, insisting that the defence had failed to specify what aspects of the exhibits required further cross-examination. He also noted that all documents had been provided to the defence in advance.

Judge: Procedure ‘Unknown to Law’

Delivering his ruling, Justice Omotosho held that once a witness has testified and been cross-examined, the defence cannot simply recall him without following due legal process.

“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,” the judge stated.

However, the court clarified that the defence is not barred from seeking further cross-examination — provided it files a proper written application on notice.

The judge formally discharged the witness from the witness box and directed that any further attempt to rely on his testimony must follow laid-down legal procedures rather than an oral request backed by a subpoena.

Defence Closes Case

Following the ruling, Atteh informed the court that the defence had closed its case.

The matter was adjourned to April 13, 2026, for the adoption of final written addresses — a critical step before judgment in the high-profile alleged N33.8bn fraud trial involving the former power minister.

The case remains one of the most closely watched corruption trials linked to Nigeria’s power sector.