The Economic and Financial Crimes Commission on
Wednesday re-arraigned former Managing Director of Bank PHB, Mr. Francis
Atuche, and an ex-Executive Director of the bank, Mr. Charles Ojo, before a
Federal High Court, Lagos for granting loans without collaterals.
The accused were re-arraigned before Justice Rita
Ofili-Ajumogobia on 45 counts of banking malpractices which they had first
pleaded not guilty to on October 20, 2009.
Ofili-Ajumogobia became the third judge to
preside over the matter.
The matter was transferred from the first trial
judge, Justice Akinjide Ajakaiye – upon his retirement – to Justice Binta
Nyako, who was recently posted out of the Lagos Division of the Federal High
Court.
Three years after the case was instituted against
the accused, it needed to begin afresh since it was to be taken over by a new
judge.
At the arraignment on Wednesday, both Atuche and
Ojo once again pleaded not guilty to the charge.
They were accused of recklessly granting loans
without adequate securities to companies in which they had interest.
They also allegedly falsified the bank’s records.
Atuche was also accused of exceeding his loan approval limit. All the
transactions, informing the charge, amounted to over N125bn.
They were also charged with acquisition of the
bank’s shares through proxies and without prior approval of the Central Bank of
Nigeria and not ensuring the correctness of BankPHB’s June 2009 monthly
returns.
It will be recalled that Atuche and others,
including his wife, Elizabeth, currently face three separate charges of
stealing Bank PHB’s money before Justices Adeniyi Onigbanjo and Lateefat
Okunnu, both of the Lagos High Court, in Ikeja.
The lead prosecution counsel, Kemi Pinhero (SAN),
had after the arraignment on Wednesday, asked that a date be fixed for the
trial.
Defence lawyers, Abubakar Shamsudeen and Olumide
Adefila, did not object to the fixing of a date for the trial.
They urged the court to allow their clients
remain on the bail granted them in 2009 by Ajakaiye, which was adopted by
Nyako.
However, Ofili-Ajumogobia said she could not
accept an oral application for bail.
She therefore directed them to file fresh bail
applications within seven days.
She fixed January 16, 2013 for the hearing of the
bail applications and possible commencement of the trial.
She however allowed them to continue enjoying the
earlier bail granted them, pending the determination of their new applications
in January.
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