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Justice James Omotosho of the Federal High Court, Maitama, Abuja, on Thursday stopped the defence in the trial of former Minister of Power, Saleh Mamman, from calling a prosecution witness as part of its case in the alleged N33.8 billion fraud charge.
At the resumed hearing, defence counsel, Femi Atteh, SAN, made an oral application seeking to have Abdulkareem Ibrahim Ozi, who had earlier testified as Prosecution Witness 2 (PW2), give evidence for the defence on the strength of a subpoena.
Ruling on the application, Justice Omotosho held that the procedure was unknown to law and inconsistent with established judicial practice.
“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,” the judge said.
Earlier, Atteh had urged the court to allow the subpoenaed witness testify for the defence, arguing that certain documents required clarification.
“I don’t mind taking an oral application for the witness that is on subpoena before the court. There are documents to which he is the maker that deserve clarification that will help the defence, like PW B1, B2, B3,” he said.
However, prosecution counsel, Rotimi Oyedepo, SAN, objected to the move, describing it as procedurally improper and an abuse of court process.
“My lord, I am a prosecutor and not a persecutor that represents everyone. On November 12, 2024, I led evidence with this witness as PW2, he brought documents, was cross examined and the court discharged him. The learned counsel sought a judicial decision to call this witness, this process is not only strange but an abuse of court process. The defence has not told us what aspect of the exhibit needs cross examination. When we were conducting our case, we gave them documents in advance, so which documents are they referring to so that we are not taken by surprise,” he said.
Justice Omotosho subsequently discharged the witness from the witness box and directed that if the defence intended to use him, it must file a formal written application on notice rather than rely on a subpoena at the instance of the court.
Following the ruling, defence counsel informed the court that it had closed its case.
The matter was adjourned to April 13, 2026, for the adoption of final written addresses.
Alleged N33.8bn fraud: Court bars Mamman’s lawyer from recalling prosecution witness
