A Lagos High Court, sitting at Ikeja , Monday elected to continue with the trial of Francis Atuche, a former Managing Director of defunct BankPHB, his wife, Elizabeth and former Chief Financial Officer of the bank, Ugo Anyanwu over the alleged N25.7 billion theft , setting aside a court of appeal ruling which states that State High Court lacks jurisdiction to entertain the charges which are within the exclusive jurisdiction of the Federal High Court.
Presiding judge, Lateefat Okunnu while dismissing the application filed and supported with a four paragraph affidavit by Atuche’s counsel, Chief Anthony Idigbe SAN , stated that she cannot grant Atuche’s application, as it would amount to preempting the decision of the court appeal in an appeal filed by Atuche on June 22, 2011, in which he had challenged the jurisdiction of the court to entertain the charge.
Atuche had hinged his plea on a similar case in which the appeal court in a unanimous judgment struckout charge NO ID/115C/11 Federal Republic of Nigeria v.Okey Nwosu theft charge preferred against former Managing Director of Finbank Plc, Mr. Okey Nwosu.
In her ruling, Justice Okunnu said ‘ it will amount to judicial rascality to so do and therefore opted to continue with the trial pending the determination of Atuche;s appeal at the appeal court on the same issue of jurisdiction.’
Consequently, the judge dismissed the application filed by Atuche and his wife dated November 29, 2013 and brought
pursuant to Sections 6(6), 230-248, 270-274 and 287(2) of the Constitution, in which they challenged the jurisdiction of the Lagos High Court to entertained the charge against them on the strength of the appeal court’s judgment delivered on November 21, 2013.
In dismissing the application, Justice Okunnu said, it will amount to judicial rascality to so do and therefore opted to
continue with the trial pending the determination of Atuche;s appeal at the appeal court on the same issue of jurisdiction.
The judge subsequently adjourned till March 10, 2014 for continuation of trial.
Atuche and the other accused persons were dragged to Court by the EFCC.