June 28, (THEWILL) – The Supreme Court has upheld the conviction of the former Managing Director of the defunct Bank PHB Plc, Francis Atuche and a former Chief Financial Officer of the bank, Ugo Anyanwu.
The apex court, in a unanimous judgment read on Friday by Justice Moore Adumein, held that Atuche and Anyanwu failed to prove that the findings of the trial court and the Court of Appeal were unjust.
Relying 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, Justice Adumein held that the appellant had not given it any reason to tamper with the concurrent finding of the two lower courts.
The Economic and Financial Crimes Commission (EFCC) had in 2011, arraigned Atuche, his wife, Elizabeth and one Mr. Ugo Anyanwu on a 27-count amended charge of conspiracy to commit felony and fraud running over N25.7 billion before Justice Lateefat Okunnu of the Lagos High Court.
Justice Okunnu had on June 16, 2021, convicted Atuche and former Chief Financial Officer of the bank, Ugo Anyanwu, on 21 of the 27-count amended charge. Atuche and Anyanwu were sentenced to 12 years and 10 years respectively by the High Court.
Dissatisfied with the judgment, the convicts approached the appeal court and on June 23, 2022, the Court of Appeal affirmed the conviction of both men.
However, the appellate court commuted the sentences with Atuche getting six years while Anyanwu got eight years, and Atuche’s wife, Elizabeth, was discharged and acquitted.
Still dissatisfied, the convicts challenged the ruling at the Supreme Court.
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