Justice James Omotosho of the Federal High Court in Maitama, Abuja, on Thursday barred defence counsel from calling a subpoenaed witness to testify for the defence in the ongoing trial of former Minister of Power, Saleh Mamman, over an alleged ₦33.8 billion fraud.
The judge ruled that Abdulkareem Ibrahim Ozi, who had previously testified as prosecution witness PW2, could not be recalled to give evidence 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,” Justice Omotosho stated.
The session was originally scheduled for the defendant to open his defence, but proceedings shifted when defence counsel Femi Atteh, SAN, orally applied to have the subpoenaed witness testify for the defence, citing documents authored by the witness (PwB 1, 2, 3) that required clarification to assist the defence.
Prosecution counsel Rotimi Oyedepo, SAN, objected strongly, describing the request as unusual and an abuse of court process.
He reminded the court that on November 12, 2024, the witness had been led in evidence as PW2, tendered documents, underwent cross-examination, and was discharged. Oyedepo argued that the defence had not specified which aspect of the exhibits needed further examination and noted that documents were provided in advance during the prosecution’s case.
In his ruling, Justice Omotosho discharged the witness from the witness box and directed that if the defence wished to call him, they must file a proper written application by way of notice, rather than seeking to use him through a subpoena at the court’s instance.
Following the ruling, defence counsel informed the court that they had closed their case.
The matter was adjourned to April 13, 2026, for the adoption of final written addresses.
Mamman is standing trial before the Economic and Financial Crimes Commission (EFCC) on a 12-count charge bordering on conspiracy and money laundering involving ₦33,804,830,503.73.
In January 2026, another Federal High Court judge in the FCT, Justice Maryann Anenih, had accused defence counsel Temitayo Sonuyi, SAN, of employing “time wasting antics” in the same trial.
Separately, Mamman and seven others are facing a nine-count charge involving conspiracy, false pretence, and intent to defraud to the tune of ₦31,070,541,349.64.
