Judge Recuses Self in $42.48m Fraud Trial

A high-profile fraud trial involving a British national and two Indian businessmen took a dramatic turn at the Federal High Court in Lagos on Tuesday, after the presiding Judge, Justice Akintayo Aluko, withdrew from the case following a petition alleging misconduct..

 The Defendants, Marcus Wade, Prem Garg and Devashish Garg, alongside their companies Wilben Trade Limited and Agrico Agbe Limited, are standing trial over an alleged $42.48 million fraud involving Ecobank Nigeria Plc.

 The case, filed by the Office of the Attorney-General of the Federation in suit FHC/L/562C/2022, centres on allegations that the Defendants conspired between May and September 2015 to defraud Ecobank under the guise of importing rice into Nigeria.

They face multiple counts including conspiracy, obtaining by false pretence, and fraud, with one charge brought under Section 422 of the Criminal Code Act. However, since the commencement of the trial in 2022, the Defendants have yet to appear in court to take their plea, with repeated adjournments largely due to their absence.

At the resumed sitting, the pattern continued as none of the accused persons were present in court. Their Counsel, Demola Seriki, appeared for some of the Defendants, while the Prosecution Counsel, I.A. Akinteye, informed the court that the lead Prosecutor was unavailable due to travel constraints from Abuja.

The proceedings took an unexpected turn when Justice Aluko disclosed that he had been served with a petition over an earlier adjournment granted in the matter, alleging gross misconduct and bias against him. The Judge said the petition, reportedly authored by an unnamed Complainant, raised questions about his conduct in the handling of the case, while another related petition linked to Babajide O. Ogundipe was also mentioned in court.

 Visibly displeased, Justice Aluko insisted that the court had acted with due process throughout the proceedings, noting that hearing notices had been duly issued and served on all parties. He rejected any suggestion of bias, stating that he had no personal interest in the matter, and had presided over thousands of cases impartially.

The Judge also observed that the persistent absence of the Defendants had significantly stalled the trial, despite repeated adjournments and warnings from the court. Reiterating his earlier position, he stressed that justice can only proceed when all parties actively participate in the judicial process.

“I do not have any personal interest in this case”, he said before announcing his decision to recuse himself from further proceedings.

Following his withdrawal, Justice Aluko ordered that the case file be returned to the Chief Judge of the Federal High Court for reassignment, effectively setting the stage for a fresh start in a trial already marked by delays and procedural setbacks.