supreFrancis Atuche. This is coming after about 13 years of trial of the ex-bank boss.
Delivering the judgment, Justice Moore Adumein, reading the unanimous judgment said 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.
As a result, therefore, “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.
Recall that Atuche, his wife, Elizabeth and one Ugo Anyanwu had been arraigned by the Economic and Financial Crimes Commission, EFCC, in 2011 before Justice Lateefat Okunnu of the Lagos High Court. They were arraigned in a prosecution that was handled by Dr. Kemi Pinheiro, SAN, on behalf of the EFCC.
“The trio were arraigned on a 27 count amended information over a N25.7 billion fraud.
Delivering judgment on June 16, 2021, that lasted bout 12 hours, Justice Okunnu convicted Atuche alongside a former Chief Financial Officer of the bank, Ugo Anyanwu.
They were convicted on 21 of the 27-count amended charge of conspiracy to commit felony and stealing brought against them by the EFCC.
To arrive at his judgment, Justice Okunnu held that the EFCC successful proved its case against the convicts beyond reasonable doubt.
The court, therefore, sentenced Atuche and Anyanwu to 12 years and and 10 years jail terms respectively.
The appellants, however, appealed the judgment at the Court of Appeal.
The court after hearing the case reduced their sentencing. Atuche got six years while Anyanwu got eight years.
The Appeal Court, however, freed Atuche’s wife, Elizabeth on the grounds that the EFCC failed to link her to the crime.
In reaching its decision, the court insisted that suspicion no matter how strong cannot take the place of fact.
According to the Judge, “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.
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.
The case was further moved 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 Mr. 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. Among the lawyers included Sebastine Hon, SAN.
The unanimous decision of the Supreme Court, therefore, brought to its finality the criminal charges against the former bank MD. A judicial battle that has lasted over thirteen years.
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