N25.7bn Fraud: Failure of Atuche to Produce Witness Stalls Trial
By Adetokunbo Fakeye
Further hearing in the N25.7billion theft charge against former managing director of Bank PHB, Mr Fancis Atuche, his wife, Elizabeth and Ugo Anyanwu, by the Economic and Financial Crimes Commission, EFCC was today stalled at the Lagos High Court, Ikeja following the absence of key defence witness, who is said to be a handwriting expert.
Counsel to the EFCC, Kemi Pinheiro SAN, reminded the court of several adjournments in the past to accommodate the absence of the same witness.
“The absence of this witness does not stop the defence from calling other witnesses. The court does not wait for witnesses as we have vacated four dates for this witness. Defence should therefore call other witnesses so that gracious time is not wasted”.
Pinheiro cited the case of Schlumberger vs Aniekon from the 2012 Law Pavilion Report, where the Appeal Court ruled that “though both parties must be heard, the court cannot be slave to any witness called by a party”.
The prosecuting counsel further argued that no cogent reason was given by the defence to justify an adjournment.
“21st May is another date, and it appears that the witness may likely hold this court to ransom as well, as his letter to the court mentioned the dates he will be available to be 22nd and 23rd; there is no mention of him being available on the 21st”.
In her ruling, Justice Lateefa Okunnu held that no tenable reason had been given by the defence to vacate May 21st date already fixed for trial along with other dates in June. She consequently adjourned proceedings to May 21, 2014 for continuation of trial.
Atuche and his wife, Elizabeth are presently standing trials along with Ugo Anyanwu a former chief financial officer of the bank for an allegedly stealing N25.7 billion from Bank PHB.