Allegations Against EFCC Following Saleh Mamman’s Conviction
Family members and associates of former Minister of Power Saleh Mamman have raised serious concerns regarding the Economic and Financial Crimes Commission (EFCC). They claim that the agency has disregarded a court order mandating Mamman’s remand to the Nigeria Correctional Service after his conviction.
Mamman’s Sentencing Details
The controversy follows Mamman’s arrest and detention by anti-corruption officials after a Federal High Court in Abuja, headed by Justice James Omotosho, sentenced him in absentia to a total of 75 years in prison. This sentence stems from 12 charges related to money laundering involving N33.8 billion, connected with the Mambilla and Zungeru hydropower projects during the administration of former President Muhammadu Buhari.
Legal Orders Ignored?
Justice Omotosho instructed law enforcement agencies to apprehend Mamman and transfer him to the custody of the Nigeria Correctional Service. However, following his arrest last week, Mamman’s family asserts that the EFCC has continued to detain him in violation of the court’s explicit instructions.
Call for Compliance with Court Orders
In a statement issued on Monday by Aliyu Madaki Babangida on behalf of his family and political allies, they demanded Mamman’s immediate transfer to prison in accordance with the court’s ruling. The group argued that his ongoing detention at the EFCC represents a severe deviation from judicial orders and poses a significant challenge to Nigeria’s constitutional framework and rule of law.
Request for Institutional Accountability
The statement urged the Nigeria Correctional Service, along with relevant judicial authorities, to implement all necessary procedures to accept and manage convicted individuals without delay. Furthermore, they called on the Nigerian Bar Association (NBA), civil society organizations, and the media to closely monitor this situation to uphold judicial integrity and institutional accountability.
Legal Framework Highlighted
Citing numerous legal documents, the family emphasized that the provisions of the EFCC Act, the Administration of Criminal Justice Act (ACJA), and other relevant laws do not grant prosecutorial authorities the right to retain custody of a convicted individual after sentencing. The Nigeria Correctional Services Act of 2019 strictly delineates the responsibilities of correctional institutions regarding the custody of inmates.
Constitutional Obligations Under Scrutiny
The family further referred to constitutional mandates, highlighting that all authorities and institutions are obligated to comply with court orders. They pointed out that Article 287(3) of the 1999 Constitution requires compliance from all state actors, including federal agencies, with binding decisions from superior courts.
Potential Legal Action Against the EFCC
In light of these developments, the family is contemplating initiating contempt proceedings against the EFCC for its alleged willful disobedience to a lawful court order. They stressed that Nigeria operates as a constitutional democracy, governed by the rule of law, where no institution has the authority to act outside the confines of established legal protocols.
