After about 13 years of trial, the Supreme Court, on Friday
morning upheld the conviction of the former Managing Director of the defunct
Bank PHB Plc, Mr Francis Atuche.
In the unanimous judgment read by Justice Moore Adumein, the
Supreme Court held that the appellant, Francis Atuche, did not attempt to
dislodge the finding of the trial court and the Court of Appeal on his
credibility.
The court in relying on its previous decisions to the effect
that where the decision of a trial court on the demeanor of a party or witness
is supported by the documentary evidence tendered, an appellate court has no
business in tampering with the decision of the court.
In conclusion, the court held that the appellant had not
given it any reason to tamper with the concurrent finding of the two lower
courts.
Mr. Atuche, his wife, Elizabeth and one Mr. Ugo Anyanwu had
been arraigned by the Economic and Financial Crimes Commission (EFCC) in 2011
before Justice Lateefat Okunnu of the Lagos High Court in a prosecution that
was handled by Senior Advocate of Nigeria, Dr. Kemi Pinheiro on behalf of the
EFCC.
The trio were arraigned on a 27 count amended information
over a N25.7 billion fraud.
On June 16, 2021, Justice Okunnu in a judgment that lasted
about 12 hours, convicted Atuche alongside a former Chief Financial Officer of
the bank, Ugo Anyanwu.
The court convicted the duo on 21 of the 27-count amended
charge of conspiracy to commit felony and stealing brought against them by the
EFCC.
Justice Okunnu held that the EFCC successful proved its case
against the convicts beyond reasonable doubt.
Atuche and Anyanwu were sentenced 12 years and and 10 years
respectively by the High Court.
However, it was reduced by the Court of Appeal, with Atuche
getting six years while Anyanwu got eight years.
She freed Atuche’s wife, Elizabeth on the grounds that the
EFCC failed to link her to the crime. The court insisted that suspicion no
matter how strong cannot take the place of fact.
The judge held that it was not proven that she was aware of
the source of the funds she received into her account from her husband and she
had no powers to take any decision to influence the transaction.
The convicts were to serve their jail terms at the Kirikiri
Maximum Correctional Facility in Lagos.
Dissatisfied with the judgment, the convicts approached the
appeal court and on the 23rd of June, 2022, the Court of Appeal affirmed the
conviction of both men.
The appellate court also clarified that Atuche’s jail term,
as handed down by the lower court, is six years concurrently, rather than 12
years.
The Justices, however, reduced Anyanwu’s sentence from 10
years to eight years.
They also upheld the discharge and acquittal of Atuche’s
wife, Elizabeth.
On further appeal to the Supreme Court, the apex court
earlier this year heard Senior Advocates of Nigeria, Wole Olanipekun leading
Chief Anthony Idigbe and Prof. Fidelis Oditah in the appeal which was initiated
by Mr. Atuche against his conviction, while Dr. Kemi Pinheiro who held the fiat
of the Honourable Attorney General of the Federation led the team of lawyers
representing the State including Senior Advocate of Nigeria, Sebastine Hon.
The unanimous decision of the Supreme Court this morning
brings to finality this criminal charge after over thirteen years.
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