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Atuche gets breather in N25.7bn fraud case

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A High Court in Ikeja, Lagos on Monday dismissed the N25.7billion criminal charge against the former Managing Director of Bank PHB, Mr. Francis Atuche, and others, by the EFCC.

Others also set free were Atuche’s wife, Elizabeth and a former Chief Financial Officer of Bank PHB, Mr. Ugo Anyanwu, who were being prosecuted for allegedly stealing N25.7 billion from the bank.

Justice Lateef Lawal-Akapo, in his ruling, said the EFCC erred when it filed the case before the State High Court rather than the Federal High Court.

The court held that it is duty bound to comply with the decisions of Court of Appeal in the appeal of Okey Nwosu and Erastus Akingbola.

The judge noted that though the prosecution, in its submission, was right to say that count one to ten of the charge was anchored on stealing which falls within the purview of State High Court, the judge however maintained that the prosecution did not make any submission to as whether count 11 to 27 have any nexus with shares and stocks.

“The case on all, falls with Okey Nwosu’s case. Count one to ten is within the armbit of the Criminal Laws of Lagos State because it deals with stealing. Counsel to the Commission did not make any submission as to whether count 11 to 27 have any nexus with shares and stocks. The criminal charge is hereby struck out and the accused persons are hereby discharged. ” the judge ruled.

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