Date Published: 12/14/09

Atuche, Ex-Bank PHB Boss to face 45 fresh charges

…As Fayose knows fate Jan.18

Ayodele Fayose

Former Managing Director Of Bank PHB, Mr. Francis Atuche who is standing trial for money laundering is to face fresh charges. A Federal High Court sitting in Lagos, Monday December 14 accepted the prosecution’s decision to amend the charges against the former bank executive and adjourned proceedings to January 11, 2010, for fresh pleas to be taken in the amended charge bordering on money laundering.

Also on Monday, Justice Tijani Abubakar of the Federal High Court , Lagos, adjourned to January 18, 2010 ruling on whether the former governor of Ekiti State, Mr. Ayodele Fayose, who is standing trial for money laundering, could be re-arraigned on fresh charges by the Economic and Financial Crimes Commission, EFCC

At the last adjournment, Atuche and other directors of the bank who are being tried by the EFCC had asked the court to quash the 26 count charge preferred against them by the anti-graft agency. But when the case came up this morning, the prosecution counsel had introduced 19 more counts to the charges, bringing the total number of charges filed against the accused to 45.

The defence counsel objected to the amended charges on the ground that they ought to have been given 48 hours notice to react to the issues raised in the fresh charge. But the trial judge, Justice Akinjide Ajakaiye after listening to the arguments of the counsel to both parties, ruled in favour of the prosecution. He granted the amendment and adjourned to January 11, 2010 for the amended charges to be read to the accused persons.

Atuche and one of the executive directors of Bank PHB, Charles Ojo are being tried for their roles in granting a credit facility of N450billion without any collateral.

In the case of Fayose, the trial judge had granted the EFCC prayers for the amendment of charges against the former governor in November and adjourned to December 14 for fresh arraignment of the former governor and his co- accused persons. But a mild drama played out in court when prosecution counsel, Mr. Rotimi Jacobs stood up to read the new charges to Fayose who was already standing in the dock. His lead counsel, Mr. Ahmed Tafa objected to charges being read on the ground that he had appealed against the ruling of the court to allow the EFCC to re-arraign the former governor.

But Jacobs countered that he was never served the papers in respect of the appeal. He told the court that he suspected that the defence counsel was trying to use delay tactics to stall the trial. He urged the court to dismiss the motion for stay of proceedings pending the determination of the interlocutory appeal filed by the defence counsel. He quoted section 40 of the EFCC Establishment Act, 2004 to back his argument for accelerated hearing.

At this juncture, the judge stood down the case for about an hour to allow the parties sort themselves out and the papers properly served.

On resumption, the trial judge after listening to both counsel adjourned ruling on the motion to January 18, 2010.