The Economic and Financial Crimes Commission has
petitioned the Chief Justice of Lagos State, Justice Inumidun Akande, to
re-assign two pending cases against former Managing Director and Chief
Executive Officer of Bank PHB Plc, Mr. Francis Atuche, to a new judge.
The cases are before Justice Adeniyi Onigbanjo.
Hearing on Atuche’s application of preliminary objection before Justice Onigbanjo on Tuesday could not hold due to the petition pending before the CJ. Further hearing on the applciation has been adjourned.
Atuche is challenging the jurisdication of Justice Onigbanjo to hear the cases.
The EFCC petition, dated June 8 and entitled, “Application for re-assignment of pending matters” was jointly signed by EFCC’s counsels, Messers Kemi Pinheiro (SAN), Sebastine Hon (SAN) and Dele Adeshina (SAN).
The two cases in contention are, ID/149C/2011, Federal Republic of Nigeria Vs Francis Atuche and Lekan Kasali; and ID/150C/2011, FRN Vs Francis Atuche and Lekan Kasali.
In the petition, the anti-graft agency wants the cases to be re-assigned to another judge, alleging that Justice Onigbanjo in a ruling on the accused persons’ application for bail on May 25 made comments that touched the substantive suit.
The letter reads in part, “On May 25, 2011, the court delivered a ruling on the summons for bail. In reaching its decision in the aforesaid ruling (copies attached herein), the Honourable Judge proceeded to make comments that touched and pertained to the substantivesuit.”
The EFCC said the comments of the judge might unavoidably amount to pre-judging the substantive charge and pending applications.
On Tuesday, Atuche also challenged the jurisdiction of the court before another judge, Justice Lateefat Okunnu, to entertain a fresh 27-count charge of theft preferred against him by the EFCC.
The ex-bank chief was re-arraigned on a 27-count charge bordering on stealing before Justice Okunnu on June 6.
The EFCC brought Atuche to face the fresh charge after amending the one which was until June 6 being faced alone by his wife, Elizabeth.
The anti-graft agency re-arraigned Atuche alongside, his wife and former Financial Officer of the Bank, Mr. Ugo Nwanyanwu.
By Ade Adesomoju Courtesy Of: Punch
The cases are before Justice Adeniyi Onigbanjo.
Hearing on Atuche’s application of preliminary objection before Justice Onigbanjo on Tuesday could not hold due to the petition pending before the CJ. Further hearing on the applciation has been adjourned.
Atuche is challenging the jurisdication of Justice Onigbanjo to hear the cases.
The EFCC petition, dated June 8 and entitled, “Application for re-assignment of pending matters” was jointly signed by EFCC’s counsels, Messers Kemi Pinheiro (SAN), Sebastine Hon (SAN) and Dele Adeshina (SAN).
The two cases in contention are, ID/149C/2011, Federal Republic of Nigeria Vs Francis Atuche and Lekan Kasali; and ID/150C/2011, FRN Vs Francis Atuche and Lekan Kasali.
In the petition, the anti-graft agency wants the cases to be re-assigned to another judge, alleging that Justice Onigbanjo in a ruling on the accused persons’ application for bail on May 25 made comments that touched the substantive suit.
The letter reads in part, “On May 25, 2011, the court delivered a ruling on the summons for bail. In reaching its decision in the aforesaid ruling (copies attached herein), the Honourable Judge proceeded to make comments that touched and pertained to the substantivesuit.”
The EFCC said the comments of the judge might unavoidably amount to pre-judging the substantive charge and pending applications.
On Tuesday, Atuche also challenged the jurisdiction of the court before another judge, Justice Lateefat Okunnu, to entertain a fresh 27-count charge of theft preferred against him by the EFCC.
The ex-bank chief was re-arraigned on a 27-count charge bordering on stealing before Justice Okunnu on June 6.
The EFCC brought Atuche to face the fresh charge after amending the one which was until June 6 being faced alone by his wife, Elizabeth.
The anti-graft agency re-arraigned Atuche alongside, his wife and former Financial Officer of the Bank, Mr. Ugo Nwanyanwu.
By Ade Adesomoju Courtesy Of: Punch
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