A Lagos State High Court in Ikeja has frozen assets and funds to the tune of N19.1bn allegedly kept in 24 banks by Francis Atuche, convicted former managing director of the defunct Bank PHB.
Justice Lateefat Okunnu made the order sequel to an August 17 application by the Economic and Financial Crimes Commission (EFCC) in Charge No. ID/1549/2011 between the Federal Government on the one hand and Atuche and Ugo Anyanwu as first and defendants.
Ugo Anyanwu, a former chief financial officer of the bank, is serving time in jail following his conviction and sentencing to six years imprisonment last June 16 for N25.7billion fraud alongside Atuche.
Justice Okunnu, while sentencing the duo, ordered that they should make restitution of the N25.7b to the Federal Government to replace the funds stolen from the public to bail out the bank.
The judge granted the agency’s 12 prayers pursuant to sections 6(d), 20, 24, 26(1), 30 and 34(1) of the EFCC Act and sections 290, 294 and 297 of the Administration of Criminal Justice Law 2015, filed by prosecution counsel led by a Senior Advocate of Nigeria (SAN), Mr Kemi Pinheiro.
Justice Okunnu held: “An order is made restraining the 1st Defendant (Atuche) whether by himself or acting through the persons or entities listed or such other persons including but not limited to his family members or agents, from removing, alienating, disposing of, dealing with or diminishing the value of assets, proceeds of economic and financial crimes or otherwise in the name of the 1st Defendant…”
She noted that the assets or funds included those held indirectly by or for Atuche’s benefit, whether solely or jointly held, that is located in Nigeria or worldwide.
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The judge further froze any bank account being run and operated by Atuche “personally or jointly, whether in his personal name or otherwise or with the Bank Verification Number: 22295357230 in any of the respondent banks to the tune of N19,178,253,050.00 only, pursuant to the Restitution Order made by this Honourable Court on the 16th day of June 2021;
She barred Atuche and his privies – including his lawyers – from presenting to the Respondent Banks any mandate or instruction for the withdrawal of any money and/or funds standing to the credit of any of their accounts to the tune of N19, 178, 253. 050.
In another order, she restrained the banks from honouring any such instruction from Atuche and his privies.
The judge added: “A mandatory order of injunction is made directing the named respondent banks to file within 48 hours of service of this Order of this Honourable Court on their returns of the Statements of Account of the 1st Defendant (personally or jointly) whether in his personal name or otherwise or with the Bank Verification Number: 22295357230 and the accounts of persons and entities listed in the aforementioned Schedules A and B maintained with them…
“A further order is made directing service of the Order made herein on persons affected thereby including in particular, the persons and entities listed in Schedules A and B. by way of advertisement in either The Punch or Thisday or The Guardian newspaper.
According to the EFCC, 15 persons were used as a front by Atuche to launder the funds.
The 22 firms in which Atuche has an interest directly or indirectly, according to the EFCC, are Aqua Harvest Ltd, Hubmart Stores Limited, Hubmart Limited, Sapphire Capital Management Limited, Homeland Real Estate Company Limited, Malechi Foods Limited, Homeland Meridian Partners Limited, Promise Investment Limited, Temple Cottage Hotel Limited, Wegas Properties Project Limited, Buckhead Construction Limited, Claremount Management Services Limited, Afco Associates Limited, Platinum Capital Limited, Ghazali Yakubu Investment Limited, The Financial (Services) Company Limited, Venture Resources Limited, Elizabeth-A Company Limited, Signature Partners Limited, Purplepay Technologies Limited, Oakwood Asset Management Limited And Conesto Nigeria Limited.
