Defendant’s Illness Stalls Atuche’s Trial

The scheduled trial of the former Managing Director of Bank PHB (now Keystone Bank), Mr Francis Atuche and one of the former directors of the bank, Lekan Kasali, at the Lagos High Court, Ikeja, southwest Nigeria, could not continue today as the court was informed that Kasali was ill and on admission in the hospital.

Atuche and Kasali were brought before the court by the Economic and Financial Crimes Commission (EFCC) on allegations of stealing N7.2 billion belonging to the bank.

At the resumed hearing of the matter before Justice Adeniyi Onigbanjo, counsel to Kasali, Chris Eme informed the court that the second defendant was ill and is on admission in the hospital, necessitating his absence in the court.

He tendered a letter from the hospital as proof.

“My lord, the second defendant is presently ill and is on admission in the hospital. My lord will notice from the court records that he has never been absent from proceedings. On the basis of his ill health, I will be craving the court’s indulgence for a short adjournment,” he said.

Speaking on the development, counsel to EFCC, Kemi Pinheiro (SAN) stated that he has to agree with the adjournment as indeed, he can confirm that the second defendant had never been absent from proceedings.

“We have had 15 appearances before this court and I can confirm that the second defendant has never been absent from proceedings. I’m forced to reluctantly concede to the adjournment because of his consistency in previous proceedings and not ask for any order,” Pinheiro said.

Pinheiro informed the court that three of his witnesses, two on subpoena from FCMB and Ecobank and an Investigating Police Officer, Ahman Dama Bello were present in court.

In his own reaction to the development, Atuche’s counsel, Mr Deji Sasegbon (SAN) stated that he has no objection to the application for adjournment, adding that his only grouse was the fact that he was not informed as he had to rush down from Abuja for Thursday’s proceedings.

Ruling on the application, Justice Onigbanjo held that since the letter from the hospital indicated that the ailment is serious and no one knows when the second defendant will get well, the two days earlier fixed will have to be vacated.

Consequently, he vacated the proceedings fixed for May 28 and 29, 2012 and adjourned the matter till 28 September, 2012 for commencement of trial.

—Henry Ojelu