In a rare show of toughness against a corrupt official, the judge ordered that the sentences attracted by each of the 12 counts run consecutively, not concurrently.
The Federal High Court in Abuja on Wednesday sentenced former Minister of Power, Saleh Mamman, to 75 years’ imprisonment for diverting funds meant for Nigeria’s major hydropower projects.
The judge, James Omotosho, convicted and sentenced Mr Mamman on 12 counts of N33.8 billion fraud, imposing varying prison terms that he ordered to run consecutively.
The judge sentenced the convict to seven years’ imprisonment on counts 1, 2, 3, 6, 7, 8, 9, 10, 11 and 12, without an option of a fine.
Judge Omotosho also sentenced him to a three-year jail term on Count 4 with an option of a N10 million fine and two years’ imprisonment on Count 5 without an option of a fine.
In a rare show of toughness against a corrupt official, the judge ordered that the sentences attached to each of the 12 counts run consecutively, not concurrently. A concurrent term would have amounted to seven years’ imprisonment, the highest imposed for any of the counts.
Because the sentences will run consecutively, Mr Mamman, 68, faces a total prison term of 75 years.
The former minister was sentenced in absentia on Wednesday.
The judge agreed with the EFCC’s lawyer, Rotimi Oyedepo, SAN, that although the defendant was not in court, the provisions of the Administration of Criminal Justice Act (ACJA), 2015, give the court the power to proceed with the sentencing.
Mr Omotosho, who earlier found the convict guilty in a judgement delivered on 7 May, held that Mamman cannot claim to have suffered a miscarriage of justice.
The former official was also absent from court when the guilty verdict was delivered on 7 May, prompting the judge to order his arrest and set Wednesday (today) for his sentencing.
But as of Wednesday, the authorities had yet to arrest the former minister, leaving the judge with no option but to proceed with sentencing.
In his sentencing ruling on Wednesday, the judge ordered that the jail term shall take effect from the day the convict is arrested.
He also directed all security agencies in and outside the country to arrest Mr Mamman wherever he is found and hand him over to the Nigerian Correctional Services for his jail term.
Based on an application by the prosecution lawyer, which the former minister’s lawyer, Mohammed Ahmed, did not oppose, the judge ordered Mr Mamman to refund the shortfall between the monies and assets already recovered from him and the N22bn the prosecution successfully established during trial.
The amount is part of the alleged N33.8 billion siphoned from the funds earmarked for the Zungeru and Mambilla hydroelectric power projects.
Judge Omotosho also ordered the final forfeiture of Mamman’s two properties located in choice areas of Abuja and monies in different currencies recovered by the anti-graft agencies.
Judge Omotosho had ruled on 7 May that the Economic and Financial Crimes Commission (EFCC) proved the amended 12 counts against Mr Mamman beyond reasonable doubt.
The judge said the prosecution established that the defendant and his associates stole at least N22 billion, describing the evidence as sufficient to sustain the charges. He held that the defence failed to present credible material to challenge the case put forward by the prosecution.
He condemned the diversion of funds meant for the Zungeru and Mambilla hydroelectric projects, describing the conduct as a breach of public trust.
He said Mr Mamman relied on proxy companies and associates to move funds and benefit from public resources meant for critical national infrastructure.
Mr Mamman served as Minister of Power between 2019 and 2021 during former President Muhammadu Buhari’s administration, overseeing Nigeria’s power sector and major federal hydroelectric projects, including the Mambilla and Zungeru power projects.
He is one of the Buhari administration’s key cabinet members who faced investigations and subsequent corruption charges after leaving office. Hadi Sirika, minister of aviation; Abubakar Malami, the attorney-general of the federation and minister of justice, and Chris Ngige, the minister of labour, who served in the Buhari administration are still standing trial.
Mr Mamman is the only member of that cabinet who has been convicted and jailed for corruption.
He recently declared interest in the 2027 Taraba State governorship race on the platform of the All Progressives Congress (APC).
The EFCC arraigned him in July 2024 on 12 amended counts of money laundering and conspiracy, accusing him of diverting N33.8 billion meant for the Zungeru and Mambilla projects.
He pleaded not guilty.
During the trial, the EFCC called 17 witnesses and tendered 43 exhibits through the prosecution counsel, Rotimi Oyedepo, a Senior Advocate of Nigeria.
However, the defence, led by Femi Atteh, did not call any witness, but raised issues of fair hearing, validity of the amended charge and whether the prosecution proved its case.
In his judgement, the judge resolved all issues against Mr Mamman, criticising the defence’s attempt to recall a prosecution witness after he had been discharged.
The Zungeru project, a 700MW hydroelectric plant in Niger State, is near completion, while the 3,050MW Mambilla project in Taraba State remains delayed amid legal disputes.
