HABEEB ADEWALE OLUMUYIWA ABIRU, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Lagos Judicial Division, delivered on the 23rd of June, 2022 in Appeal No CA/LAG/CR/668/2021. The Appellant was arraigned before the High Court of Lagos State, along with the second Respondent and one Elizabeth Atuche, on a twenty-seven count charge consisting of six counts of conspiracy to commit a felony and twenty one counts of stealing. The Appellant and the second Respondent were charged together on Counts One to Twenty-Four and Twenty-Six while Mrs. Elizabeth Atuche was charged with the Appellant and the second Respondent on Count Twenty-Three, she was charged alone in Counts Twenty-Five and Twenty-Seven. The Appellant pleaded Not Guilty to all the counts.
The Appellant was the Managing Director of Bank PHB Plc while the second Respondent was the Chief Financial Officer of the Bank and Mrs. Elizabeth Atuche is the wife of the Appellant. Bank PHB Plc (…