Supreme Court Upholds Conviction Of Ex-Bank PHB MD, Atuche After 13 Years Of Trial

The Supreme Court on Friday morning upheld the conviction of the former Managing Director of the defunct Bank PHB Plc, Francis Atuche, after about 13 years of trial.

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.

Atuche, his wife Elizabeth and one 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 ₦25.7 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.

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.

Displeased with the judgement, the convicts approached the appeal court and on the 23rd of June, 2022, the Court of Appeal affirmed the conviction of both men.

The convicts subsequently took the case to the Supreme Court.

The unanimous decision of the Supreme Court this morning brings to finality this criminal charge after over thirteen years.