Supreme Court Upholds Six-Year Sentence for Former Bank PHB Managing Director, Francis Atuche

-

  



In a decisive ruling, the Supreme Court has affirmed the conviction and six-year prison sentence of Francis Atuche, the former Managing Director of the now-defunct Bank PHB. The apex court's unanimous decision was delivered on Friday by a five-member panel, rejecting Atuche's appeal against his conviction for a N25.7 billion fraud.


The appeal, marked SC/CR/1223/2023, was found to be without merit. Justice Habeeb Abiru prepared the lead judgment, which was read by Justice Moore Adumein. The court held that Atuche failed to provide sufficient grounds to overturn the concurrent findings of both the High Court and the Court of Appeal.


“Where the finding of a trial court on the demeanour of a witness is supported by oral and documentary evidence tendered at the trial, as in the present case, an appellate court has no business tampering with the decision of the trial court,” the judgment stated. The Supreme Court upheld the earlier decision by the Court of Appeal, which had affirmed Atuche’s conviction but reduced his sentence from 12 years to six years.


The Court of Appeal in Lagos had previously upheld Atuche’s conviction on 21 out of 27 counts of conspiracy and stealing, related to the N25.7 billion fraud case. The Economic and Financial Crimes Commission (EFCC) had prosecuted Atuche, his wife Elizabeth, and the former Chief Financial Officer of Bank PHB, Ugo Anyanwu.


Justice Lateefat Okunnu of the High Court of Lagos State initially sentenced Atuche to 12 years in prison and Anyanwu to 10 years in a judgment delivered on June 16, 2021. However, Atuche’s sentence was later reduced to six years by the Court of Appeal, while Anyanwu’s sentence was reduced to eight years.


In the same case, Justice Okunnu acquitted Atuche’s wife, Elizabeth, due to insufficient evidence linking her to the crime. The judge emphasized that suspicion could not replace concrete evidence, noting that Elizabeth Atuche was unaware of the fraudulent source of the funds she received from her husband and had no role in influencing the transactions.


The Supreme Court’s decision marks a significant affirmation of the judicial process in Nigeria, underscoring the importance of accountability and the rule of law. It sends a strong message about the consequences of financial crimes and the judiciary's commitment to upholding justice.



Comments

Post a Comment

Popular posts from this blog

New Development: Bill for Six-Year Single Term, Rotational Presidency, and Comprehensive Electoral Reforms Passes First Reading in House of Reps

-
Image
  A significant constitutional amendment bill has passed its first reading in the House of Representatives, marking a potential transformation in Nigeria's governance and electoral processes. The bill, championed by Hon. Ikenga Ugochinyere and supported by 34 other lawmakers, proposes several sweeping changes aimed at enhancing efficiency, inclusivity, and national unity.  Key Provisions of the Bill 1. Six-Year Single Term: The bill seeks to replace the current two-term, four-year system for the President and Governors with a single six-year term. This change aims to reduce election-related government spending and ensure leaders focus on governance rather than re-election campaigns. 2. Rotational Presidency: To promote national unity and equal representation, the bill proposes rotating the Presidency among Nigeria's six geopolitical zones. This measure is designed to ensure that every region has a fair chance to lead the country, fostering a sense of inclusion and stability. 3.
Read more

Man Jailed in UK for Removing Condom Without Partner's Consent

-
Image
A man from Brixton, South London, has been sentenced to more than four years in prison after secretly removing a condom during consensual sex. This act, known as "stealthing," is classified as rape under UK law. The conviction of Guy Mukendi, 39, sets a significant legal precedent and underscores the importance of consent in sexual activities. The victim had consented to have sex with Mukendi on the condition that he used a condom. However, during the encounter, Mukendi removed the condom without her knowledge. This breach of conditional consent led the victim to contact the police in May 2023 after she realized what had happened. Forensic evidence and text messages were crucial in the investigation, with Mukendi admitting in messages that he had done it because he had not had sex in a long time. The case was tried at Inner London Crown Court, where the jury was presented with compelling evidence, including the text messages between Mukendi and the victim. The court found Muk
Read more

Title: Nepotism on the Bench: The Impact of Political Favoritism in Nigeria's Judiciary

-
Image
  In Nigeria, the judiciary stands as a pillar of democracy, tasked with upholding the rule of law and ensuring justice for all. However, recent events have cast a shadow over the integrity of the judiciary, as political favoritism and nepotism have infiltrated the process of judicial appointments. One glaring example of this troubling trend emerged with the recent list of appointments to the appeal court, where the wife of Nyesom Wike, the Minister of Federal Capital Territory, secured a position. This appointment raised eyebrows and sparked widespread debate about the fairness and transparency of the selection process. Nepotism, the practice of favoring relatives or friends in appointments, promotions, or business dealings, has long plagued Nigerian society. In the context of the judiciary, nepotism undermines the principles of meritocracy and impartiality, eroding public trust in the legal system. The appointment of family members of high-ranking politicians to judicial positions no
Read more