By Enyichukwu Enemanna
Nigeria’s Supreme Court has upheld six years jail sentence on former Managing Director of the defunct Bank PHB Plc, Mr Francis Atuche, laying to rest a legal battle that has lasted for 13 years.
The West African nation’s Supreme Court in a unanimous judgement on Friday read by Justice Moore Adumein held that the appellant, Atuche failed to provide evidence on how the judgements of trial and appeal court were against him.
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 against him.
The country’s anti-graft agency, the Economic and Financial Crimes Commission (EFCC) in 2011 arraigned Mr. Atuche, his wife, Elizabeth and one Mr. Ugo Anyanwu before Justice Lateefat Okunnu of the Lagos High Court.
A Senior Advocate of Nigeria, Dr. Kemi Pinheiro prosecuted the case 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 successfully proved its case against the convicts beyond reasonable doubt.
Atuche and Anyanwu were initially 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.
