A FEDERAL High Court in Lagos yesterday said it would await the Court of Appeal’s decision in the appeal challenging its refusal to quash the alleged corruption charge preferred against the former Managing Director of Bank PHB, Francis Atuche.
The Economic and Financial Crimes Commission (EFCC) also joined the former Director of Bank PHB, Charles Ojo, in the corruption case.
The duo are facing trial over an alleged N80 billion fraud and granting of credit facility of N45 billion without collateral.
They were also accused of granting loans above approval limit as laid down by the Central Bank of Nigeria (CBN) and not taking steps to ensure that the monthly bank returns to CBN was correct.
Atuche and Ojo were first arraigned on October 28, 2010, on a 45-count charge before Justice Akinjide Ajakaiye (now retired). But the judge had overruled the defendants’ objection to the 45-count amended charge.
Dissatisfied with the ruling, the duo appealed the decision of the Court of Appeal.
At the resumed hearing of the case yesterday before Justice Binta Nyako, counsel to Atuche, Mr. Deji Sasegbon (SAN), urged the court to adjourn the matter pending the hearing and determination of their appeal.
“The appeal has been entered but unfortunately at the last hearing, the court did not sit due to a conference that was going on”, he said.
He also told the court that they had filed application to quash the charge but noted that it would be necessary to await the decision of the Appellate Court.
But the prosecution counsel, Mr. Kemi Phineiro (SAN), opposed the application for an adjournment and urged the court to re-arraign the accused persons since the matter was starting afresh before her.
“For the court to assume jurisdiction over this matter, the accused persons must first be arraigned and their plea or objection to the charge taken”, he said.
He also contended that it was an abuse of court process for the accused persons to file an application to quash the charge since it was the same charge they were appealing against.
“I urge the court to dismiss their application and arraign them”, Pinheiro said.
Justice Nyako, however, held that since the charge before her was the same as the one being challenged at the Appellate Court, she would await the decision of Court of Appeal and subsequently adjourned the case to July 17 for mention.
