Date Published: 09/19/11

Alleged bias: EFCC withdraws application, asks court to disqualify self

The Economic and Financial Crimes Commission (EFCC), on Monday, withdrew its application, asking Justice Adeniyi Onigbanjo of a Lagos State High Court, sitting in Ikeja, to disqualify himself in the ongoing trial of a former Managing Director of Bank PHB, Francis Atuche.

Counsel for EFCC, Kemi Pinhero and Dele Adesina, urged the court to strike out the two motions which they filed earlier, asking the trial judge to excuse himself from handling Atuche’s trial.

Atuche was charged alongside two former directors of the bank, Lekan Kasali and Funmi Ademosun, on a three- count charge of conspiracy and stealing an amount of over N11.4 billion belonging to Bank PHB in two separate suits.

EFCC, in the motion on notice dated June 22, 2011, sought “an order that this honourable court presided over by Justice Adeniyi Onigbanjo to excuse, remove and disqualify itself from presiding over, sitting upon or hearing to determine or continue to preside over the charges ID/149C/2011 (FRN vs Francis Atuche and Lekan Kasali and ID/150C/2011 (FRN vs Francis Atuche and Funmi Ademosun) or any application pending before this honourable court.”

The anti-graft commission had claimed that the judge made “disturbing” comments in his ruling on Atuche’s bail application, which might have inadvertently prejudged the substantive charge and pending applications.