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Tuesday, June 14, 2011

FRANCIS ATUCHE



Ex-Bank PHB CEO’s trial: EFCC accuses judge of bias.




The trial of former Managing Director of Bank PHB, Francis Atuche took a dramatic turn on Tuesday as the Economic and Financial Crimes Commission (EFCC) accused the judge, Adeniyi Onigbajo, of bias.
The EFCC had made the allegation in a petition dated June 8 and requested the Chief Judge of Lagos State, Justice Inumidun Akande, to re-assign the case to another judge.
Atuche was arraigned on two suits on May 17, with the two former directors of the bank before Onigbanjo on a three-count charge of conspiracy and stealing.
Atuche pleaded not guilty.
The directors are Lekan Kasali and Funmi Ademosun.
The petition which was signed on behalf of the EFCC by Messers Kemi Pinheiro and Dele Adeshina alleged that the judge had made comments pertaining to the substantive suit.
The commission claimed that Onigbanjo had in his ruling on Atuche’s matter on May 25 said that there were similarities between the charges the former bank chief was facing before him and at the Federal High Court.
The EFCC claimed that the judge’s comments might have inadvertently prejudged the substantive charge pending applications to dismiss the charge filed by Atuche.
At the resumed hearing of the matter on Tuesday, Pinheiro asked the court to adjourn the matter pending when they receive a reply from the Chief Judge on the issues raised.
Pinheiro added that the prosecution had served the letter on the defense counsel, saying they have not replied.
The case has been adjourned till June 22 for mention.
Meanwhile, Atuche has asked an Ikeja High Court to dismiss a fresh 27-count charge bothering on conspiracy to commit felony and stealing preferred against him by the EFCC.
In a preliminary notice of objection filed by his counsel, Ricky Tarfa, Atuche told the court presided over by Justice Lateefat Okunnu that the fresh charges were an ``abuse of court process.

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