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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.
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.
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 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.
News
DSS intercepts arms shipment bound for bandit kingpin, nabs suspect
Operatives of the Department of State Services (DSS) have arrested a suspected arms courier in Kano State allegedly transporting weapons intended for delivery to a notorious bandit leader operating in Zamfara.
An operational report made available to the News Agency of Nigeria (NAN) in Abuja on Saturday said the suspect was apprehended on Friday in Gezawa Local Government Area following actionable intelligence.
According to the report, the suspect was intercepted while moving a cache of arms and ammunition from Maigatari Local Government Area of Jigawa to Funtua in Katsina State for onward delivery to criminal elements.
“Items recovered from the suspect include three AK-47 rifles, four rocket-propelled grenade (RPG) tubes and warheads, as well as two empty magazines.”
The report said preliminary investigations linked the consignment to a suspected bandit kingpin believed to be operating in parts of Zamfara.
“The suspect confessed that he was contracted to transport the weapons from Maigatari to Funtua and was promised a payment of N450,000 upon successful delivery.
“Investigations are ongoing to unravel the network behind the arms movement and identify other collaborators involved in the operation,” the report said.
The report described the arrest as a major breakthrough in ongoing efforts to disrupt the supply of arms and ammunition to criminal groups responsible for violent attacks, kidnappings and other security threats in the North-West.
It added that the suspect was in DSS custody and would face further investigation and possible prosecution in accordance with the law.
According to the report, security agencies have continued to intensify intelligence-driven operations aimed at dismantling logistics networks that sustain banditry, terrorism and other forms of organised crime across the country.
(NAN)
News
Chimamanda Adichie alleges cover-up, negligence following son’s death
Nigerian author Chimamanda Ngozi Adichie has accused Euracare Multi-Specialist Hospital of medical negligence and an subsequent attempt to cover up the circumstances surrounding her son’s death by taking her pursuit of justice for her late son, Nkanu Nnamdi, to the public.
In a four-part series shared on Instagram, Adichie detailed a devastating sequence of events. According to her, her son suffered a hypoxic brain injury caused by improper sedation administered by an anesthesiologist, Dr. Titus Ogundare, which ultimately resulted in his death.
Beyond the medical tragedy, Adichie alleges that the hospital has engaged in a pattern of dishonest practices. These include:
Issuing an inaccurate death certificate that falsely attributed the cause of death to meningitis.
Failing to provide complete or accurate medical records to her family.
Employing heartless language in legal correspondence, including referring to her son’s death as a “dispute”.
Stalling and attempting to obstruct a coroner’s inquest, which was originally initiated by the hospital itself. Describing the immense toll this has taken on her.
She said, “I wake up every single morning with my heart racing… The ultimate and utter loneliness of grief is that only you can know the true depth of your despair. I long for, at least, peace to mourn, but Euracare Hospital has robbed me even of that”.
The author also recounted an encounter with a senior figure in the hospital’s ownership who allegedly attempted to discourage her from pursuing legal action by suggesting her reputation could be dragged in the mud during court proceedings. Adichie said this was a manipulative and threatening message.
“An inquest is a public judicial inquiry designed to establish the circumstances surrounding a death,” she stated.
Adichie explained, that it is not a trial or a claim for damages, but simply a search for the truth. By making these details public, she hopes to demand the accountability and transparency that she feels have been denied to her family.
“I have decided to make this letter public because to keep silent about Euracare’s evil is to enable it”. She stated.
News
Tinubu condemns death of retired general Rabe in kidnappers’ custody
President Bola Tinubu has expressed deep sorrow over the death of retired Major-General Rabe Abubakar, who was reportedly abducted by armed criminals in Katsina State and later died while still in their custody.
According to a State House statement issued on Saturday, the president said he received the news of the former military officer’s death with “shock and sadness,” describing the incident as a tragic reminder of the security challenges facing parts of the country.
“President Bola Ahmed Tinubu has expressed shock over the death of retired Major-General Rabe Abubakar while in the custody of terrorists in Katsina State,” the statement read.
General Abubakar, who had retired from the Nigerian Armed Forces after a distinguished career, was said to have been travelling to his hometown when he was intercepted and abducted by armed men.
“General Abubakar, after a distinguished career in the military, retired a few years ago. He was on his way to his hometown when the hoodlums captured him,” the statement stated.
The presidency also revealed that the late officer’s wife was taken alongside him and is still being held by the abductors, a detail that has further intensified public concern over the incident.
The president extended condolences to the bereaved family, the people of Katsina State, and the military establishment, describing the loss as painful and unacceptable.
He also reiterated the government’s uncompromising stance on terrorism and kidnapping, warning that the state would not be blackmailed into concessions.
While condemning the attack, Tinubu declared: “Bandits, kidnappers, and sponsors of terror should now surrender or face the full force of the Nigerian State. These windows of surrender will not remain open forever. And no mercy will be shown to those who trade in the blood of Nigerians.”
He further stressed national unity and resilience in the face of insecurity, insisting that the country would ultimately prevail.
“As Nigerians, we must stand united and be assured that the enemies of our nation shall soon be history. We will triumph over terror and continue to build a more prosperous nation,” the President said.
On the broader fight against insecurity, Tinubu said the tragedy should serve as a turning point in Nigeria’s counterterrorism efforts, rejecting any form of negotiation with armed groups.
“General Abubakar’s death should further serve as a defining moment in our battle against terrorists and insurgents, never to negotiate with them on any terms, but to continue to treat them as the greatest enemies of our dear nation, who should never be spared,” the statement added.
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