4th December, 2012
Henry Ojelu
Former Managing Director of Bank PHB (now Keystone Bank), Francis Atuche who is facing trial over N27.5 billion theft today asked an Ikeja High Court to recall two witnesses from the Economic and Financial Crimes Commission, EFCC, over new facts and testimonies admitted as evidence.
The two witnesses, Mr Diamond Uju and Elizabeth Ebi had in their earlier testimonies denied requesting for loans from the bank.
Specifically, the duo had told the court, presided over by Justice Lateefat Okunnu that they never had any relationship with the bank prior to the advancement of loans to their companies.
Atuche in his prayer to the court however said that recent facts and available documents show that the witnesses had a banking relationship with the bank before the loans were advanced to them through their companies.
According to Atuche, there is a resolution of the bank in existence which showed that the companies did not only had a relationship with the bank but asked for loans which was granted the companies.
Atuche’s counsel , Chief. Anthony Idigbe (SAN) in urging the court to recall the witnesses for further cross examination said recalling them will aid the defence to create doubts in the case of the prosecution because the witnesses told the court half truths.
According to him, it is in the interest of justice that the witnesses are recalled.
Also Sylva Oguemoh, counsel to Ugo Anyanwu, the third defendant in his application urged the court to recall the witnesses as the prosecution has not stated the injury they are likely to suffer by recalling the witnesses.
But the prosecution counsel, Kemi Pinheiro (SAN) in opposition the prayer urged the court to dismiss the application for being premature and abuse of court’s process.
According to him, the power given to the court to recall a witness can only be at the instance of the court and should be when the prosecution has closed his case.
Pinheiro also said that the defence had the opportunity to cross examined the witnesses on the said documents but failed to take it as the third defendant’s counsel refuse to cross examine Mr Daimon Uju, the first prosecution witness during the trial.
The prosecution also described the arguments of the defence as misplaced, which can only come at the close of the prosecution case.
After taking arguments from the counsel, Justice Okunnu reserved ruling on the matter to 6 December, 2012.