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.
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