After an extensive legal battle spanning approximately 13 years, the Supreme Court of Nigeria has upheld the conviction of Francis Atuche, the former Managing Director of the now-defunct Bank PHB Plc.
The court's decision, delivered by Justice Moore Adumein, confirmed the rulings of both the trial court and the Court of Appeal. The Supreme Court emphasized that Atuche did not provide sufficient grounds to challenge the lower courts' findings regarding his credibility.
The court reiterated that an appellate court should not interfere with a trial court’s decision on the demeanor of a party or witness if it is supported by documentary evidence.
Atuche, his wife Elizabeth, and Ugo Anyanwu were arraigned by the Economic and Financial Crimes Commission (EFCC) in 2011 on a 27-count charge related to a N25.7 billion fraud. The prosecution, led by Dr. Kemi Pinheiro (SAN), resulted in the conviction of Atuche and Anyanwu by Justice Lateefat Okunnu of the Lagos High Court on June 16, 2021.
They were found guilty on 21 of the 27 counts of conspiracy to commit felony and stealing, with Atuche and Anyanwu sentenced to 12 and 10 years in prison, respectively. The Court of Appeal later reduced Atuche’s sentence to six years and Anyanwu’s to eight years while upholding the acquittal of Atuche’s wife, Elizabeth, due to insufficient evidence linking her to the crime.
Dissatisfied with the appellate court’s decision, Atuche and Anyanwu appealed to the Supreme Court. Earlier this year, the apex court heard arguments from prominent Senior Advocates of Nigeria, including Wole Olanipekun, Chief Anthony Idigbe, and Prof. Fidelis Oditah, representing Atuche, while Dr. Kemi Pinheiro and Sebastine Hon represented the state.
The Supreme Court's decision brings closure to this high-profile case, affirming the convictions and sentences of Atuche and Anyanwu, and concluding the legal proceedings that have spanned over a decade.
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