The Supreme Court on Friday morning upheld the conviction of Mr. Francis Atuche, the former Managing Director of the defunct Bank PHB Plc.
The trial spanned about 13 years.
In a unanimous judgment read by Justice Moore Adumein, the Supreme Court held that the appellant, Francis Atuche, did not challenge the trial court’s and the Court of Appeal’s findings on his credibility.
Relying on precedent, the court noted that when a trial court’s decision on a party’s demeanor is supported by documentary evidence, an appellate court should not interfere.
Consequently, the Supreme Court found no reason to alter the concurrent findings of the two lower courts.
Mr. Atuche, his wife Elizabeth, and Mr. Ugo Anyanwu were arraigned by the Economic and Financial Crimes Commission (EFCC) in 2011 before Justice Lateefat Okunnu of the Lagos High Court. The prosecution, led by Senior Advocate of Nigeria Dr. Kemi Pinheiro, charged them with 27 counts related to a ₦25.7 billion fraud.
On June 16, 2021, after a 12-hour judgment, Justice Okunnu convicted Atuche and Anyanwu on 21 of the 27 amended counts, including conspiracy to commit felony and theft, affirming that the EFCC had proved its case beyond a reasonable doubt.
Justice Okunnu acquitted Atuche’s wife, Elizabeth, citing that the EFCC failed to connect her to the crime, noting that strong suspicion cannot replace factual evidence. The judge ruled that it was not proven she knew the funds’ source or had any decision-making power in the transaction.
The convicted men were sentenced to serve their terms at Kirikiri Maximum Correctional Facility in Lagos.
Unhappy with the verdict, they appealed, but on June 23, 2022, the Court of Appeal upheld their convictions.
The Court of Appeal clarified that Atuche’s sentence was six years concurrently, not 12 years. They also reduced Anyanwu’s sentence from 10 years to eight years and upheld the acquittal of Atuche’s wife, Elizabeth.
Following further appeal to the Supreme Court earlier this year, Senior Advocates of Nigeria, including Wole Olanipekun, Chief Anthony Idigbe, and Prof. Fidelis Oditah represented Mr. Atuche against his conviction. Dr. Kemi Pinheiro, authorized by the Attorney General of the Federation, led the state’s legal team, including Senior Advocate of Nigeria, Sebastine Hon.
The Supreme Court’s unanimous decision this morning concludes this criminal case after more than thirteen years.
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