Ex-Bank PHB Boss Wants Fraud Charges Quashed

The former Managing Director of Bank PHB Plc (now Keystone Bank), Mr Francis Atuche and one of the former directors of the bank, Funmi Ademosun has asked a Lagos High Court, sitting in Ikeja to quash the theft charges brought against them by the Economic and Financial Crimes Commission (EFCC).

Atuche in a notice of preliminary objection moved by his counsel, Chief Anthony Idigbe (SAN) and Mr. Deji Sasegbon (SAN), before the court, asked the court to dismiss the charge against him and give an order striking out his name from the charge.

Ademosun, in a separate motion moved by his counsel, Chief Robert Clarke (SAN) also prayed the court to free him of all the charges.
In his defence of the motion, Atuche said the Federal Republic of Nigeria cannot, through any agency, initiate or commence any fresh charge in any court while a similar charge is pending in another court.

He urged the court to make an order that the EFCC cannot subject him to double jeopardy by trying him on the same set of facts in different courts on the basis of a general criminal law.

Atuche argued that subjecting him to trial in the Lagos High Court on allegations similar to the ones he is facing at the Federal High Court, Lagos, was tantamount to an abuse of court process.

Idigbe said the transactions on which the charges in the two courts were based were interlinked, adding that the anti-graft commission acting for the Attorney-General of the Federation, can only prosecute a crime under a Federal Law, and not the Administration of Criminal Justice Law of Lagos State.

The lawyer argued that there was no prima facie case by the EFCC on the intention of his client to defraud the bank and urged the court to grant the application.

However, the EFCC counsel, Deacon Dele Adesina (SAN) and Mr. Kemi Pinhero (SAN) opposed the applications on the ground that the EFCC is competent to institute the action, having gotten a fiat from the Attorney-General of Lagos State.

Adesina stated that the two cases are different, adding that while the one at the Federal High Court has to do with failure to comply with banking laws, the charge before the Lagos High Court is about stealing.

He added that the prosecution is at liberty to choose which court to prosecute a case and which charge to bring.

“I urge the court to dismiss the application and clear the way for trial,” he said.

Adesina also opposed Ademosun’s application, saying the court should dismiss it for being “frivolous to the extreme and impotent.”

Earlier, there was a heated argument between Idigbe and Adesina on who was delaying the trial when Idigbe sought an adjournment to enable him study a new proof evidence served him by the EFCC.

Adesina said over six months had passed since arraignment, yet trial has not begun.

He said it was due to alleged ploys by the defence to delay the matter.

Idigbe said: “It is the prosecution that is attempting to unnecessarily delay this matter by holding onto the new proof of evidence since May 11.”

It was after an agreement was reached that the prosecution would not be relying on the document just yet that proceedings continued.

Justice Onigbanjo adjourned till 28 November, 2011 for ruling on Atuche’s Notice of Preliminary Objection and Ademosun’s Motion on Notice.

Atuche was charged separately with two former directors of Bank PHB, Mr Lekan Kasali and Mr. Fumi Ademosun before Justice Adeniyi

They are facing three counts each of conspiracy and stealing.

By Henry Ojelu & Helen Omotayo