Ex-bank chief accuses judge of bias
The immediate past Managing Director of the Bank PHB, Francis Atuche, on Tuesday asked Justice Latefat Okunnu of an Ikeja High Court to withdraw from his trial over the alleged N25.7 billion theft.
At the resumed hearing of the case, the former bank chief accused the judge of bias and urged her to transfer the case to another judge.
Atuche is standing trial along with his wife, Elizabeth, and a former Chief Financial Officer of the bank, Ugo Anyanwu.
The Economic and Financial Crimes Commission (EFCC) charged the trio with conspiracy and theft of N25.7 billion belonging to the bank.
The commission said they committed the alleged offences when Atuche was the bank’s chief executive officer.
In a motion he argued on Tuesday, Atuche’s counsel, Anthony Idigbe, urged Okunnu to disqualify herself from trying the former bank boss.
He claimed that Atuche’s right to fair hearing as guaranteed by Section 36 of the 1999 Constitution was not being protected by the court.
According to him, Atuche objected to the charges during arraignment but the judge entered a “not guilty” plea for him.
He added that the judge heard the bail application of the accused after hearing the preliminary objection which challenged the jurisdiction of the court to entertain the matter.
Idigbe also claimed that the court declined to hear arguments of the defence supporting the preliminary objection.
He added that the court refused to stay proceedings on the trial as sought by the defence on the grounds that the court’s records on the matter had been transferred to the Court of Appeal.
However, EFCC’s counsel, Dele Adeshina, opposed the motion and urged the court to dismiss it for lack of merit.
Adesina said the application was an abuse of court processes and an attempt by the defence to frustrate the trial.
He submitted that the judge had not shown bias in the trial.
The prosecution counsel argued that the judge was not obliged to impose bail conditions similar to those of another judge.
According to him, if an accused refuses to take his plea, the law says that the judge should presume that he is not guilty.
The immediate past Managing Director of the Bank PHB, Francis Atuche, on Tuesday asked Justice Latefat Okunnu of an Ikeja High Court to withdraw from his trial over the alleged N25.7 billion theft.
At the resumed hearing of the case, the former bank chief accused the judge of bias and urged her to transfer the case to another judge.
Atuche is standing trial along with his wife, Elizabeth, and a former Chief Financial Officer of the bank, Ugo Anyanwu.
The Economic and Financial Crimes Commission (EFCC) charged the trio with conspiracy and theft of N25.7 billion belonging to the bank.
The commission said they committed the alleged offences when Atuche was the bank’s chief executive officer.
In a motion he argued on Tuesday, Atuche’s counsel, Anthony Idigbe, urged Okunnu to disqualify herself from trying the former bank boss.
He claimed that Atuche’s right to fair hearing as guaranteed by Section 36 of the 1999 Constitution was not being protected by the court.
According to him, Atuche objected to the charges during arraignment but the judge entered a “not guilty” plea for him.
He added that the judge heard the bail application of the accused after hearing the preliminary objection which challenged the jurisdiction of the court to entertain the matter.
Idigbe also claimed that the court declined to hear arguments of the defence supporting the preliminary objection.
He added that the court refused to stay proceedings on the trial as sought by the defence on the grounds that the court’s records on the matter had been transferred to the Court of Appeal.
However, EFCC’s counsel, Dele Adeshina, opposed the motion and urged the court to dismiss it for lack of merit.
Adesina said the application was an abuse of court processes and an attempt by the defence to frustrate the trial.
He submitted that the judge had not shown bias in the trial.
The prosecution counsel argued that the judge was not obliged to impose bail conditions similar to those of another judge.
According to him, if an accused refuses to take his plea, the law says that the judge should presume that he is not guilty.
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