Judge Recuses Self From $42.48 Million Fraud Trial

A high‑profile fraud trial involving a British national and two Indian businessmen reached a pivotal moment at the Federal High Court in Lagos on Tuesday when the presiding judge, Justice Akintayo Aluko, withdrew from the case after receiving a petition alleging misconduct.

The defendants—Marcus Wade, Prem Garg, and Devashish Garg—along with their companies Wilben Trade Limited and Agrico Agbe Limited, are on trial for an alleged $42.48 million fraud against Ecobank Nigeria Plc.

The case, brought by the Office of the Attorney‑General of the Federation under suit FHC/L/562C/2022, accuses the defendants of conspiring between May and September 2015 to defraud Ecobank by posing as rice importers.

They face multiple charges, including conspiracy, obtaining by false pretence, and fraud, with one count under Section 422 of the Criminal Code Act. Since the trial began in 2022, the defendants have not appeared in court to enter a plea, and the proceedings have been repeatedly adjourned largely because of their absence.

When the court reconvened, none of the accused were present. Their counsel, Demola Seriki, represented some of the defendants, while the prosecution counsel, I.A. Akinteye, explained that the lead prosecutor was unavailable due to travel constraints from Abuja.

During the session, Justice Aluko revealed that he had been served with a petition concerning an earlier adjournment in the matter, alleging gross misconduct and bias. The petition, reportedly written by an unnamed complainant, questioned his conduct in handling the case. Another related petition linked to Babajide O. Ogundipe was also mentioned.

Justice Aluko expressed his displeasure, stating that the court had followed due process, with hearing notices properly issued and served to all parties. He denied any bias, affirming that he had no personal interest in the case and had presided over thousands of cases impartially.

He also noted that the defendants’ persistent absence had stalled the trial despite repeated adjournments and court warnings. Reiterating his earlier stance, he emphasized 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.

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