02/06/2026
THE LEGAL LENS SERIES⚖️
“If they can’t find me, they can’t punish me.” What happens when a criminal magically disappears and tries to evade trial?
What does the Law say?
The recent case involving former Nigerian Minister of Power, Saleh Mamman, has reignited an important legal question: Can a person escape criminal liability simply by fleeing from the law? The answer under Nigerian law is No.
Saleh Mamman, former Minister of Power between 2019 and 2021, was prosecuted by the Economic and Financial Crimes Commission (EFCC) over allegations relating to the diversion and laundering of funds. In May 2026, the Federal High Court in Abuja convicted him on multiple counts of corruption and money laundering. Reports indicated that he was absent from court and later went into hiding, prompting law enforcement agencies to intensify efforts to secure his arrest. The court nevertheless proceeded in accordance with the law.
A fundamental principle of criminal justice is that an accused person should ordinarily be present during his trial. This requirement is recognised under Section 266 of the Administration of Criminal Justice Act (ACJA) 2015, which provides that a defendant shall be present throughout the trial. And the principle of *Audi Altarem Partem(fair hearing).
The law is that where an accused person voluntarily absents himself after becoming aware of criminal proceedings, the court may take necessary steps to ensure that justice is not defeated.
In FRN v. Nwude, the court emphasised that the judicial process must not be held hostage by persons seeking to evade justice. Also, in Abiola v. FRN, the Supreme Court recognised that while fair hearing is fundamental, a litigant cannot deliberately frustrate proceedings and later rely on his own conduct as a shield against the law.
The concept known as trial in absentia refers to a situation where legal proceedings continue despite the absence of the accused person. Although Nigerian law generally favours the physical presence of the defendant, courts have recognised exceptions where the accused deliberately absconds or refuses to appear after being duly notified.
