FRANCIS ATUCHE

Court strikes out motion of preliminary objection by EFCC on Atuche’s bail application.

An Ikeja High Court in Lagos on Friday struck out a motion of preliminary objection filed by the Economic and Financial Crimes Commission EFCC urging it to dismiss the bail application of a former Managing Director of Bank PHB, Francis Atuche.
Atuche is standing trial alongside the duo of Funmi Ademosun and Lekan Kasali on a three-count charge of conspiracy to commit felony and stealing before Justice Adeniyi Onigbanjo.
The EFCC alleged that Atuche had conspired with his co-accused persons to steal over N11.4 billion belonging to the bank, while he was its Chief Executive Officer.
The agency had sought an order striking out his summons for bail and an order staying proceedings, pending the determination of his Notice of Preliminary Objection filed by his lawyer, Anthony Idigbe SAN.
The application dated May 12, 2011 had challenged the court’s jurisdiction to try the case on the grounds that Atuche was facing similar charges before a Federal High Court in Lagos.
EFCC, through its counsel, Kemi Pinheiro SAN, said the court could not hear Atuche’s bail application when it was yet to determine the issue of jurisdiction raised by his lawyer.
It said the bail application was premature and an abuse of court process, but Idigbe had urged the court to dismiss EFCC’s objection for being incompetent.
In his ruling Onigbanjo dismissed EFCC’s preliminary objection to the motion for bail.
He added that the preliminary objection earlier filed by Atuche challenging the jurisdiction could not stop his motion for bail as the court’s jurisdiction to hear bail applications was inherent.
Onigbanjo added that the fact that the prosecution had on May 17 arraigned the accused before him conferred a certain assumption of jurisdiction on the court.
Moving Atuche’s bail application, Nnamdi Oragwu, who stood in for Idigbe, urged the court to grant his client bail in the interest of justice.
Pinheiro, however, opposed the bail application, adding, however, that should the court wish to grant bail, it should be on stringent terms.
Onigbanjo fixed May 25 for ruling on Atuche’s bail application.
The court also heard the bail application of Kasali, arraigned along with Atuche.
Kasali’s counsel, Abraham Oshobamisole said his client should be granted bail on health grounds because he is asthmatic and had been receiving treatment in a Lagos-based hospital since 2004.
But Pinheiro also opposed the application, saying that Oshobamisole’s argument was “fallacious.”
He said for bail to be granted on the basis of ill-health, the ailment must be contagious, and its treatment must require a specialist that was not available within the court’s jurisdiction.
Pinheiro added that should the court be inclined to granting bail, it should be on stringent terms to compel the availability of the defendant in court for trial.
The judge adjourned the matter to May 25 for ruling on Kasali’s bail application.