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Tuesday, July 5, 2011

Francis Atuche



Alleged N25.7b theft: EFCC begins trial of ex-Bank PHB boss, wife.

The trial of a former Managing Director of Bank PHB, Francis Atuche, and his wife, Elizabeth, commenced on Tuesday at an Ikeja High Court, with the Economic and Financial Crimes Commission (EFCC) calling witnesses.
The duo is facing trial, alongside a former Chief Financial Officer of the bank, Ugo Anyanwu, for alleged theft of N25.7 billion belonging to the bank, before Justice Lateefat Okunnu.
The EFCC called its first witness, Mr Diamond Uju, to testify before the court.
The trial began immediately after Okunnu, in a short ruling, had dismissed Atuche’s application for stay of proceedings filed by his counsel, Chief Anthony Idigbe.
Okunnu said Section 277 of the Administration of Criminal Justice Law of Lagos State subject to the provisions of the 1999 Constitution states that an appeal for stay of proceedings shall not be entertained until judgment is delivered in a criminal matter.
She noted that the refusal to grant the application did not violate the applicant’s right of appeal, saying he can do so after judgment has been delivered in the substantive suit.
Okunnu said it was the duty of the prosecutor and the defence, as well as the courts, to avoid unnecessary delays in hearing a criminal matter especially when the accused had been granted bail.
Immediately after the ruling, EFCC lawyer, Kemi Pinheiro, urged the court to ask the prosecution to call its first witness which was granted amidst opposition by the defence lawyers led by Mr Deji Sasegbon.
Sasegbon had urged the court to adjourn the trial to July 6 to enable the defence to prepare for the trial, but his request was denied by the judge.
However, the witness, Uju after taking the oath in the witness box could not give his evidence because the defence claimed that his written statement was missing in their own copy of the amended proof of service.
The judge adjourned trial to July 6 to enable the prosecution and defence to regularise all the documents and the evidence before the court.

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