Judge Steps Aside as $42.48m Fraud Trial Stalls Over Missing Defendants, Petition Row
Judge Steps Aside as $42.48m Fraud Trial Stalls Over Missing Defendants, Petition Row
A high-stakes fraud trial involving a British national and two Indian businessmen took a dramatic turn at the Federal High Court in Lagos as the presiding judge, Justice Akintayo Aluko, recused himself from further proceedings following a petition alleging misconduct.
The defendants, Marcus Wade, Prem Garg, and Devashish Garg are standing trial alongside their companies, Wilben Trade Limited and Agrico Agbe Limited, over an alleged $42.48 million fraud involving Ecobank 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 citing an offence under Section 422 of the Criminal Code Act.
However, since the case was filed in 2022, the defendants have yet to appear in court to take their plea, with repeated adjournments largely driven by their absence.
At the resumed sitting, the pattern continued as none of the accused persons were present. Their counsel, Demola Seriki, appeared for some of the defendants, while 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 petitioned over an earlier adjournment granted in the matter.
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The judge said the petition, reportedly authored by an unnamed complainant, accused him of gross misconduct and bias.
A related petition linked to Babajide O. Ogundipe was also mentioned in court, raising further concerns about the credibility of the complaints.
Visibly displeased, Justice Aluko stressed that the court had acted within due process throughout the proceedings, insisting that multiple hearing notices had been issued and properly served.
He rejected any suggestion of bias, stating that he had no personal interest in the case and had handled thousands of matters impartially.
The judge also noted that the persistent absence of the defendants had significantly stalled the trial, despite repeated court warnings and adjournments.
Reiterating his earlier stance on March 26, he emphasised that justice can only proceed when all parties actively participate in the process.
“I do not have any personal interest in this case,” he said in court, before announcing his decision to step aside.
Following the recusal, Justice Aluko ordered that the case file be returned to the Chief Judge of the Federal High Court for reassignment, setting the stage for yet another restart in a trial already marked by delays, absence of defendants, and procedural tension.
