After a prolonged legal battle lasting approximately 13 years, the Supreme Court on Friday morning upheld the conviction of Francis Atuche, the former Managing Director of the defunct Bank PHB Plc.
In a unanimous decision delivered by Justice Moore Adumein, the Supreme Court affirmed that Atuche had failed to dislodge the findings of the trial court and the Court of Appeal regarding his credibility.
The apex court emphasized that, in line with its previous rulings, an appellate court has no grounds to overturn a trial court’s decision on a party’s demeanour when it is supported by documentary evidence.
Justice Adumein concluded that Atuche had not provided sufficient reasons to interfere with the concurrent findings of the two lower courts.
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 EFCC, represented by Senior Advocate of Nigeria Dr Kemi Pinheiro, charged the trio with a 27-count amended information involving a N25.7 billion fraud.
On June 16, 2021, Justice Okunnu convicted Atuche and Anyanwu on 21 of the 27 counts of conspiracy to commit felony and stealing.
The court found that the EFCC had successfully proven its case beyond a reasonable doubt. Atuche was sentenced to 12 years in prison, while Anyanwu received a 10-year sentence.
However, the Court of Appeal later reduced their sentences, with Atuche receiving six years and Anyanwu eight years. Atuche’s wife, Elizabeth, was acquitted due to insufficient evidence linking her to the crime.
The convicts were to serve their sentences at the Kirikiri Maximum Correctional Facility in Lagos.
Dissatisfied with the judgment, Atuche and Anyanwu appealed to the Supreme Court. Senior Advocates of Nigeria Wole Olanipekun, Chief Anthony Idigbe, and Prof. Fidelis Oditah represented Atuche.
