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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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Update: 22 Bodies Recovered From Niger Boat Accident As Search Operation Continues

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Recall on Thursday reported that at least eight people died following the boat accident in the early hours of Friday along the Dambo-Ebuchi section of the River Niger.

The Niger State Emergency Management Agency (NSEMA) has confirmed the recovery of 22 bodies after the boat mishap that occurred between Baro and Akwanu communities in the Agaie local government area of Niger State.

Eyewitnesses had said the boat, belonging to one Musa Dangana, was carrying over 200 passengers, including market women and farm labourers, on their way to the Katcha weekly market when it capsized.

The tragedy threw everyone on board into the water.

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The NSEMA in a statement signed by its Director General, Abdullahi Baba Arah in Minna, said the incident occurred on Thursday night, 28 November, 2024, at about 2am.

He stated that the boat was sailing from Ebe Community of Kogi State with a population of almost 50 passengers heading to Katcha market, when the accident occurred.

According to him, NSEMA is currently directing and monitoring search and rescue operations in collaboration with Agaie Local Government Emergency Committee, brave local divers, and other community volunteers in the area.

“Thanks to the prompt response from the community volunteers, twenty-two bodies have been recovered, and eight persons have been rescued alive so far.

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“Eighteen out of the 22 bodies recovered are from Kogi State, while four are from Akwanu community in Agaie LG.”

He added that a search and rescue operation was still ongoing to locate more survivors.

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Just in: Fani-Kayode, Reno Omokri, Shehu Sani Reportedly Make Tinubu’s Ambassadorial List

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President Bola Ahmed Tinubu is reportedly set to appoint prominent political figures, including Femi Fani-Kayode, Reno Omokri, and Shehu Sani, as ambassadors. This information was disclosed by Jackson Ude, a US-based investigative journalist known for breaking political developments in Nigeria. In a social media post, Ude hinted that the ambassadorial list would be made public soon.

“Ambassador F. Kayode, Ambassador S. Sani, Ambassador R. Omokri. And the list goes on and on, waiting for unveiling soon,” he wrote.

While the presidency has yet to confirm the appointments, the potential selection of these figures—each known for their strong political stances and public engagements—has generated mixed reactions.

Femi Fani-Kayode, a former minister and a member of the ruling All Progressives Congress (APC), is a vocal supporter of President Tinubu.

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Reno Omokri, a former aide to ex-President Goodluck Jonathan, is recognized for his consistent criticism of the current administration, raising questions about his inclusion.

Shehu Sani, a former senator and human rights activist, is another notable name on the list, known for his independent views and advocacy.

As Nigerians await the official announcement, the news continues to fuel debates about the direction of Tinubu’s foreign policy agenda and the implications of these high-profile appointments.

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How ‘I collected $400k on behalf of Emefiele’ – Witness tells court

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The 7th Prosecution witness, Mr John Adetola, testifying in the case against the former Governor of Central Bank of Nigeria, Godwin Emefiele has alleged that he collected the sum of $400,000 on behalf of Emefiele.

Adetola, who identified himself as an Executive Assistant to Emefiele, also disclosed how he handed over the money to his boss, Emefiele.

He gave the testimony on Thursday while answering questions from the counsel to the Economic and Financial Crimes Commission, EFCC, Mr Rotimi Oyedepo, SAN.

He told the trial judge, Justice Rahman Oshodi that the functions of his office includes managing office correspondences, attending to visitors and any other tasks as assigned by his boss.

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He said these duties gave him direct access to Emefiele.

On the $400,000, Adetola testified that he was summoned from Ekiti, his new posting place to go pick up the money.

“In 2018, I can’t remember the date, the personal assistant to the CBN Gov in Abuja, Mr Eric Odoh sent me a message on WhatsApp that I should go and collect $400,000 from John Ayoh, the former director of ICT Dept. and give same to the former CBN Governor when he came to Lagos.

“I went to the house of John Ayoh at Lekki in Lagos. He gave me an envelope and I came back to the office, I gave it to the former CBN Governor,” he said

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He said he communicated with Emefiele, mentioning some of Emefiele’s family members.

“I communicate with the former CBN Governor through telephone, office line, email and verbal communication.

“I know Mr. George, I know Mr Okanta. They are Mr Emefiele’s brothers. I know his wife, Mrs Margaret Emefiele. I also know the second defendant, Henry Omoile, he lived in Emefiele’s house in Lagos,” he added.

Adetola also told the court that the EFCC accessed his phone which had some office documents and he was questioned on them, after which they printed the documents.

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He identified some of the documents showing his communication with John Ayoh and Odoh, stressing that he endorsed the documents as being printed from his mobile phone.

The EFCC prosecutor, Mr Oyedepo thereafter sought the permission of the court to tender the bundle of documents.

The counsel to Emefiele, Senior Advocate of Nigeria, Olaleko Ojo, raised objections to the admissibility of the documents but withdrew his objections when the counsel insisted that it was merely for identification purposes.

Counsel representing Emefiele’s co-defendant, Henry Omoile, Senior Advocate of Nigeria, Adeyinka Kotoye, however, maintained his objections to the admissibility of the documents stating that the documents had no basis in law.

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In his response, Oyedepo insisted that the documents were relevant and would prove essential ingredients of the offence.

He insisted on tendering it for the purpose of identification.

After considering all the submissions, Justice Oshodi admitted the documents and marked it as for the purpose of identification.

He adjourned the case till December 10 for the cross examination of the witness.

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