13 Years On, Supreme Court Upholds Ex-Bank PHB MD's Conviction

Francis Atuche

Ex-Bank PHB MD Francis Atuche's Conviction Upheld 13 Years Later

Supreme Court upholds Francis Atuche's conviction after 13-year legal battle, emphasizing respect for trial court evaluations unless compelling reasons exist to overturn.

The Supreme Court on Friday, June 28, upheld the conviction of Francis Atuche, former Managing Director of Bank PHB, after a 13-year legal battle. In a unanimous decision, Justice Moore Adumein noted that Atuche did not challenge the credibility assessments made by the trial court and Court of Appeal, and the Supreme Court saw no reason to overturn the lower courts' decisions.

In 2011, Atuche, his wife Elizabeth, and Ugo Anyanwu faced charges from the EFCC before Justice Lateefat Okunnu of the Lagos High Court. The EFCC, represented by Dr. Kemi Pinheiro (SAN), accused the trio of a N25.7 billion fraud. On June 16, 2021, Justice Okunnu delivered a detailed 12-hour judgment, finding Atuche and Anyanwu guilty on 21 out of 27 counts of conspiracy and stealing.

The Supreme Court's decision marks the final legal hurdle for Atuche, who had attempted to appeal his conviction. The court's ruling emphasizes the importance of respecting the trial court's evaluation of evidence and witnesses, unless there are compelling reasons to overturn it.

Justice Okunnu delivered a guilty verdict, ruling that the EFCC had proven its case beyond a reasonable doubt. Atuche received an initial 12-year sentence, while Anyanwu was sentenced to 10 years. However, the Court of Appeal later reduced their sentences to six and eight years, respectively.

Elizabeth Atuche was acquitted due to lack of concrete evidence linking her to the crime. The court emphasized that suspicion alone is not enough to secure a conviction. Although she had funds in her account from her husband, there was no proof she knew the source or had authority over the transactions.

After appealing, the Court of Appeal upheld the convictions on June 23, 2022. Atuche's sentence was clarified to be six years, served concurrently, while Anyanwu's term was reduced from 10 to eight years. The convicts were to serve their sentences at Kirikiri Maximum Correctional Facility in Lagos.

This year, the Supreme Court heard arguments from Senior Advocates of Nigeria in Atuche's appeal. On Friday, the court delivered a unanimous decision, marking the end of this 13-year legal battle. The Supreme Court's ruling upholds the convictions, bringing finality to the case.