The Supreme Court has unanimously affirmed the conviction of the ex-managing director of the defunct Bank PHB Plc Francis Atuche.
Justice Moore Adumein, who read the judgement on Friday, said Atuche did not attempt to dislodge the finding of the trial court and the Court of Appeal on his credibility.
The apex court’s ruling comes 13 years after the trial started.
The court relied on its previous decisions to the effect that where the decision of a trial court on the demeanour of a party or witness is supported by the documentary evidence tendered, an appellate court has no business in tampering with the decision of the court.
In conclusion, the court held that the appellant had not given it any reason to tamper with the concurrent finding of the two lower courts.
Mr. Atuche, his wife, Elizabeth and one Ugo Anyanwu were arraigned by the Economic and Financial Crimes Commission (EFCC) in 2011 before Justice Lateefat Okunnu of the Lagos High Court.
The trio were arraigned on 27 charges of over N25.7 billion fraud.
On June 16, 2021, Justice Okunnu convicted Atuche alongside Anyanwu, former chief financial officer of Bank PHB.
The court convicted the duo on 21 of the 27-count amended charges of conspiracy to commit felony and stealing.
Atuche and Anyanwu were sentenced to 12 years and and 10 years respectively.
However, the Court of Appeal, on June 23, 2022, reduced Atuche’s sentence to six years while Anyanwu got eight years.
The appellate court also upheld the acquittal of Atuche’s wife, Elizabeth, on the grounds that the EFCC failed to link her to the crime.
The court held that it was not proven that she was aware of the source of the funds she received into her account from her husband and she had no powers to take any decision to influence the transaction.
The convicts were to serve their jail terms at the Kirikiri Maximum Correctional Facility in Lagos.
Earlier this year, Atuche proceeded to the Supreme Court in pursuit of his freedom.
However, the apex court’s decision has now put an end to the case.
