MARY U. PETER-ODILI, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Lagos Division or Court below or Lower Court Coram: Adamu Jauro, Rita Nosakhare Pemu and Fatimo Omoro Akinbami JJCA which lead judgment was delivered by Rita Pemu JCA on the 18th day of January, 2013 affirming the decision of the Federal High Court, Lagos dated 6th July, 2010 per A. O Ajakaiye J.
FACTS BRIEFLY STATED:
The 2nd respondent, Francis Atuche in standing trial under a 44 count charge for several offences under the Economic and Financial Crimes Commission (EFCC) Act, the Banks and Other Financial Institutions Act amongst others.
The 1st respondent by an application brought under Section 27 of the EFCC Act obtained an interim order of attachment of assets on the 1st of March, 2010 including bank accounts believed to have been used as the conduit to siphon the illegal proceeds of crimes allegedly linked to the 2nd respondent, one of such accounts was that of t…