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13 years after, Supreme Court affirms conviction of Ex-Bank PHB MD Atuche

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By Francesca Hangeior

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.

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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 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.

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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.

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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.

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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 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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Asaba Agog as Governors, Monarchs, Business Titans Converge for Oborevwori’s Son’s Wedding

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Asaba, the Delta State capital, was agog on Saturday as governors, deputy governors, political leaders, traditional rulers, religious leaders, captains of industry and other dignitaries from across the country converged for the wedding ceremony of Innocent Oborevwori, son of Delta State Governor, Rt. Hon. Sheriff Oborevwori, to his heartthrob, Tobore Arigbodi, daughter of Chief Brodericks Arigbodi.

Among the governors who graced the occasion were AbdulRahman AbdulRazaq of Kwara State, Hope Uzodimma of Imo State, Mai Mala Buni of Yobe State, Monday Okpebholo of Edo State, Douye Diri of Bayelsa State, Ahmadu Umaru Fintiri of Adamawa State, Ahmed Usman Ododo of Kogi State, Lucky Aiyedatiwa of Ondo State, Uba Sani of Kaduna State, Ahmad Aliyu of Sokoto.State and Mohammed Umar Bago of Niger State.

First Ladies from several states, including Kwara, Kogi, Gombe, Taraba, Nasarawa, Cross River, Ekiti, Sokoto, Kaduna, Borno, Bauchi, Abia, Osun, Edo and Imo, were also in attendance.

The ceremony also attracted the Deputy Governor of Delta State, Sir Monday Onyeme; Deputy Governor of Ebonyi State, Patricia Obila; and the Deputy Governor of Kano State, alongside other senior government officials and political leaders.

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The National Chairman of the All Progressives Congress (APC), Prof. Nentawe Yilwatda, was among the dignitaries who attended the wedding.

Other prominent personalities at the occasion included the Minister of Aviation and Aerospace Development, Chief Festus Keyamo; former Delta State governors, Chief James Ibori and Senator Ifeanyi Okowa; Senator Joel-Onowakpo Thomas; Senator Ede Dafinone; members of the National Assembly; the Minister of State for Health, Dr Tunji Alausa; the Speaker of the Delta State House of Assembly, Rt Hon Emomotimi Guwor; former speakers of the Assembly; and the APC National Publicity Secretary, Felix Morka.

Traditional rulers at the ceremony included the Orodje of Okpe Kingdom, HRM Major General Felix Mujakperuo (retd.); the Olu of Warri, HRM Atuwatse III; and the Dein of Agbor, HRM Keagborekuzi II and a host of others.

Also present was the Chairman of Access Bank Plc, Aigboje Aig-Imoukhuede; the Managing Director of Zenith Bank Plc, Dr Adaora Umeoji; UBA MD Oliver Alawuba; Managing Director of PremiumTrust Bank, Emmanuel Efe Emefienem; other captains of industry.

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The solemnisation of the marriage was held at the Living Faith Church (Winners’ Chapel), Ibusa Road, Asaba, where the State Pastor, Pastor Shiyanbade Adekunle, charged the newlyweds to build their marriage on wisdom, sacrificial love, mutual respect and commitment.

Adekunle, in his sermon, described wisdom as the “working capital of marriage”, stressing that couples must rely on God and His Word to successfully navigate the different seasons of married life.

At the reception held at the Event Centre, Asaba, Governor Uba Sani of Kaduna State, who chaired the occasion, congratulated the couple and their families on the union.

Sani described the wedding as more than a celebration of love, saying it represented the coming together of two families, histories and destinies.

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“It is with profound joy and a deep sense of privilege that I stand before you today as chairman of this beautiful reception, celebrating a union that has brought together two families, two histories and two destinies in the sacred covenant of matrimony,” he said.

The governor said the occasion marked the fulfilment of parental hopes and the beginning of a new chapter in the lives of the couple, who had chosen to walk through life together.

“May your home be a place of peace when the world is at war, a place of laughter when days are hard, and a place of prayer when challenges come,” he said.

He concluded by congratulating the couple and wishing them a long, fruitful and beautiful marital journey.

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The wedding brought together political leaders across party lines, traditional rulers, business leaders and religious figures, turning Asaba into a gathering point for Nigeria’s political, business, traditional and religious elite.

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I Won’t Ever Forgive APC – El-Rufai’s Son

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Son of former Kaduna State governor, Nasir El-Rufai, Bashir, has vowed never to forgive the All Progressives Congress, APC, over what he described as an attack on his family during its weakest moment.

Bashir said even if his father emerged victorious from his current ordeal like India’s nationalist, Mahatma Gandhi, he would personally refuse to forgive the APC.

He made the remarks in a post on X, where he also expressed his intention to acquire political power with the aim of retaliating against those he accused of attacking his family.

Bashir said he would pursue power for the purpose of confronting members of the APC whom he accused of turning against his family when it was vulnerable.

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He, however, exempted Mahmud Ribadu, whom he described as his biological brother, from the threat, saying everyone else could be targeted.

His comments came amid an ongoing face-off between him and his brother, Bello, a member of the House of Representatives.

On Friday, Bashir had used derogatory remarks against Bello over an undisclosed family dispute and sibling rivalry.

Meanwhile, El-Rufai has spent about 200 days in detention under the custody of the Independent Corrupt Practices and Other Related Offences Commission, ICPC, over alleged corruption during his tenure as governor of Kaduna State.

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National tv signal fails in Niger after heavy gunfire

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Niger’s national television was off air on Saturday after a night of heavy gunfire in parts of the capital, including around a military base near the city’s airport which has been attacked twice this year by jihadists.

Niger has been ruled for three years by a military junta that has struggled to contain jihadist violence, which has blighted the West African country for around a decade.

The origins of Saturday’s shooting were not immediately clear but the military said: “In light of current events, let us remain calm and avoid sharing unverified information.

“Our defence and security forces have been mobilised for the defence of the homeland,” it wrote on its official social media pages.

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One local resident told AFP that there was “heavy gunfire and explosions” at Base 101 in Niamey, a report confirmed by several other witnesses.

At 9:00 am (0800 GMT), a black screen had replaced Tele Sahel’s programming both via satellite and online. Soldiers blocked access to the presidential palace and national television, residents added.

The first shots were heard at about 1:00 am local time (0000 GMT) and continued until daybreak, according to a video published by a local journalist filming the area around the airport.

Another local resident said he heard “bursts of gunfire” at about 7:00 am local time.

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“I went to get credit for my phone. I saw a military vehicle heading towards the base that had to turn back,” he added.

“The weapons we’re hearing are not the kind that terrorists on motorbikes can carry. The fighting has been non-stop since last night.”

Another resident in the west of Niamey said he heard sporadic small arms fire at about 5:00 am.

Several social media posts also reported shooting and explosions in the city, particularly in the administrative area where the presidential palace and national television station are located.

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Videos online showed armoured vehicles deployed to reinforce the neighbourhood near the airport.

– Rival jihadist groups –
Niamey airport has been targeted twice this year by jihadists, first by the Islamic State in the Sahel (EIS) in January, then in late June by their rivals the Group for the Support of Islam and Muslims (JNIM), the Sahel branch of Al-Qaeda.

The jihadist groups not only target civilians and the military but are also struggling for dominance over each other in the Sahel, and especially in Niger.

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