THE family and political associates of Saleh Mamman, former Minister of Power under the administration of former President Muhammadu Buhari, have called on the Economic and Financial Crimes Commission to immediately transfer him to the custody of the Nigerian Correctional Service in compliance with what they described as a subsisting judgment of the Federal High Court.
In a statement sent to News Point Nigeria and signed by Aliyu Madaki Babangida on behalf of the family and political associates, the group alleged that Mamman’s continued detention in the EFCC’s facilities after his arrest amounted to an unauthorised departure from the explicit directives of the court.
The statement warned that the commission’s alleged refusal to comply with the court order constituted a grave affront to Nigeria’s constitutional order and the rule of law.
The family and associates further called on the Nigerian Correctional Service and relevant judicial authorities to activate all statutory procedures necessary for receiving and processing a sentenced convict without further delay.
They also urged the Nigerian Bar Association, civil society organisations, and the media to closely monitor the matter in the interest of judicial integrity and institutional accountability.
According to the family, despite a binding judgment delivered on Thursday, May 7, 2026, by Justice James Omotosho of the Federal High Court, Abuja, in Charge No. FHC/ABJ/CR/273/2024, the former minister remained in EFCC custody under circumstances allegedly inconsistent with the directives of the court.
Specifically, the family and political associates demanded that the EFCC immediately transfer Mamman to the custody of the Nigerian Correctional Service in line with the directive issued by the court following his conviction and sentencing.
According to the statement, “There is no provision in the EFCC Act, the Administration of Criminal Justice Act (ACJA), or any other statute that authorises a prosecuting agency to retain physical custody of a convicted and sentenced individual beyond that point.”
The statement further argued that the Nigerian Correctional Service Act, 2019, which governs the reception, custody, and management of convicted persons, vests exclusive custodial authority over sentenced individuals in the Nigerian Correctional Service.
“The EFCC (Establishment) Act, 2004 confers powers of investigation, arrest, and prosecution on the Commission, but is silent on any authority to detain persons whose trial has concluded and whose sentence has been pronounced by a court,” the statement added.
The group also cited Section 270 of the Administration of Criminal Justice Act, 2015, stating that upon conviction and sentencing, a court issues a warrant of committal addressed to the officer-in-charge of a correctional centre and not to the prosecuting agency.
According to them, the prosecuting agency’s custodial role becomes “functionally and legally spent” once sentencing has been concluded.
The family and associates further referenced Section 287(3) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), arguing that all persons and authorities in Nigeria, including federal agencies, are constitutionally bound to comply with decisions of superior courts.
They noted that the Federal High Court, being a superior court of record under Section 6(5)(b) of the Constitution, issues orders binding on all persons and institutions without exception.
Given the constitutional provisions cited, the statement said the family was also exploring the possibility of initiating contempt of court proceedings against the EFCC for alleged wilful non-compliance with a valid court order.
“Nigeria remains a constitutional democracy governed by law, not by institutional discretion or administrative convenience,” the statement read.
“No institution, regardless of its mandate, possesses the authority to operate above the law or outside the framework of valid court orders.”
The statement further cited Section 1(1) of the 1999 Constitution, which declares the Constitution supreme, and Section 1(3), which renders void any conduct inconsistent with its provisions.
According to the family and associates, judicial independence and the enforceability of court orders remain fundamental pillars of Nigeria’s constitutional democracy.
“This is not about whether Saleh Mamman is guilty or not guilty,” one governance analyst was quoted as saying.
“He has been found guilty by a court of law. The question now is whether the institutions of this country will obey that court’s orders, all of them, not just the convenient parts,” the statement added.