Court dismisses Atuche’s application seeking annulment of alleged theft charges
An Ikeja High Court on Thursday dismissed an application by a former Managing Director of Bank PHB, Francis Atuche, asking the court to quash the stealing charge preferred against him.
The EFCC had taken Atuche and Funmi Odumosun, a former director of the bank, before the court presided over by Justice Adeniyi Onigbanjo.
The EFCC had alleged that the duo stole over N4.2 billion belonging to the bank between Nov. 2007 and April 2008, while Atuche was the Chief Executive Officer.
Atuche had on May 16 filed an application through his lawyer, Chief Anthony Idigbe, asking the court to dismiss the charge because it was incompetent.
Idigbe argued that the charge amounted to double jeopardy and was an abuse of court process because Atuche was facing similar charges at the Federal High Court, Lagos.
According to him, the EFCC was also prosecuting the former bank boss before another Ikeja High Court presided over by Justice Lateefat Okunnu, on the same charges.
He also challenged the court’s jurisdiction to entertain the matter because the EFCC had no right to try him under the Administration of Criminal Justice Law (ACJL) of Lagos State 2007.
Idigbe further claimed that the multiplicity of the charges was aimed at denying his client the right to fair hearing and preventing him from having ample time to prepare for his defence.
Delivering his ruling, the Judge held that the charge was not an abuse of court process because the charges being faced by the accused person in the three courts were not the same.
Onigbanjo said: ``The fact that the alleged offences were committed by the applicant during the same period does not make them the same charges.
According to him, Atuche was facing charges relating to Banks and Other Financial Institutions Act, and other charges punishable under the Federal Criminal Code Act before the Federal High Court.
``Before this court, the applicant is charged with conspiracy to steal and stealing of N4.2 billion from the now defunct Bank PHB, whilst he was the Chief Executive Officer,” he said.
He said the EFCC and the Attorney-General of the Federation were constitutionally empowered to prosecute corruption and other economic crimes in the country.
Onigbanjo held that the information filed against Atuche and Odumosun on May 5 by the EFCC was competent and, therefore, dismissed the application.
The court also dismissed a similar application filed by Odumosun on the same grounds, and adjourned the matter to Feb. 21, next year, for commencement of trial.
An Ikeja High Court on Thursday dismissed an application by a former Managing Director of Bank PHB, Francis Atuche, asking the court to quash the stealing charge preferred against him.
The EFCC had taken Atuche and Funmi Odumosun, a former director of the bank, before the court presided over by Justice Adeniyi Onigbanjo.
The EFCC had alleged that the duo stole over N4.2 billion belonging to the bank between Nov. 2007 and April 2008, while Atuche was the Chief Executive Officer.
Atuche had on May 16 filed an application through his lawyer, Chief Anthony Idigbe, asking the court to dismiss the charge because it was incompetent.
Idigbe argued that the charge amounted to double jeopardy and was an abuse of court process because Atuche was facing similar charges at the Federal High Court, Lagos.
According to him, the EFCC was also prosecuting the former bank boss before another Ikeja High Court presided over by Justice Lateefat Okunnu, on the same charges.
He also challenged the court’s jurisdiction to entertain the matter because the EFCC had no right to try him under the Administration of Criminal Justice Law (ACJL) of Lagos State 2007.
Idigbe further claimed that the multiplicity of the charges was aimed at denying his client the right to fair hearing and preventing him from having ample time to prepare for his defence.
Delivering his ruling, the Judge held that the charge was not an abuse of court process because the charges being faced by the accused person in the three courts were not the same.
Onigbanjo said: ``The fact that the alleged offences were committed by the applicant during the same period does not make them the same charges.
According to him, Atuche was facing charges relating to Banks and Other Financial Institutions Act, and other charges punishable under the Federal Criminal Code Act before the Federal High Court.
``Before this court, the applicant is charged with conspiracy to steal and stealing of N4.2 billion from the now defunct Bank PHB, whilst he was the Chief Executive Officer,” he said.
He said the EFCC and the Attorney-General of the Federation were constitutionally empowered to prosecute corruption and other economic crimes in the country.
Onigbanjo held that the information filed against Atuche and Odumosun on May 5 by the EFCC was competent and, therefore, dismissed the application.
The court also dismissed a similar application filed by Odumosun on the same grounds, and adjourned the matter to Feb. 21, next year, for commencement of trial.
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