Citing gross irregularities in the charges brought against him by the Economic and Financial Crimes Commission (EFCC), the former Chief Executive Officer of Bank PHB, Mr. Francis Atuche, has asked the court to discharge and acquit him of all the charges.
In a court process filed on his behalf by his lawyers led by Dr. Nnamdi Dimgba, in Lagos, Atuche said that by virtue of the evidence and facts made available to the court, there is no prima facie case against him. The case comes up for hearing today, Monday, December 14, 2009.
He added that some of the offences for which he is charged cannot be committed by him as an individual since there was nothing on record to show that he committed the alleged offences, or put in another way, that he as an individual is capable of committing the offence, himself not being a â€œbankâ€ but only an individual, though employed by a bank.
The applicant, who noted that some of the counts of the charges are â€˜defective and incurably badâ€™; recalled that the law is that an accused person charged with an indictable offence can have such charge quashed in circumstances where the offence alleged is not disclosed by the statements of the witnesses or proof of evidence, or where there is nothing linking the accused person with the charge, or where the charge is an abuse of court process.
Atuche also denied the charges by the prosecution that he granted credit facilities without adequate securities and that he approved loans above his limits.