Judge recuses self from $42.48m fraud case involving Briton, Indians

Justice Akintayo Aluko of the Federal High Court in Lagos has withdrawn from further proceedings in the criminal case involving a Briton, Marcus Wade, and two Indian nationals, Prem Garg and Devashish Garg, who are facing allegations of defrauding Ecobank Plc of $42.48m. The Office of the Attorney-General of the Federation had filed charges against the three foreigners and their companies, Wilben Trade Limited and Agrico Agbe Limited, accusing them of conspiracy, obtaining money by false pretence and fraud. According to the charge marked FHC/L/562C/2022, the defendants allegedly obtained the sum from Ecobank in 2015 under the pretext of importing rice into Nigeria. One of the counts reads: “That you, Prem Garg, Devashish Garg, both of Indian nationality; Agrico Agbe Limited (a company registered in Nigeria); Wilben Trade Limited, Dubai (a company registered in the United Arab Emirates, Dubai); and Marcus Wade (Chairman of Wilben Trade Ltd, Dubai), of British nationality, sometime in the months of May and September 2015, at Ecobank Plc, Lagos, within the jurisdiction of this Honourable Court, conspired among yourselves to commit an offence.” Despite the charge being filed in 2022, none of the defendants has appeared before the court to enter a plea. The matter has been adjourned several times, largely at the instance of the defendants. When the case came up on Monday, the defendants were again absent from court. However, counsel for the first, second and fourth defendants, Demola Seriki, announced his appearance, while counsel for the nominal complainant, I.A. Akinteye, informed the court that the prosecutor could not travel from Abuja to Lagos for the hearing. During the proceedings, Justice Aluko expressed concern over a petition filed against him following an adjournment he granted at the request of counsel for the nominal complainant. The judge disclosed that the petition, which accused him of “gross misconduct,” was submitted anonymously but was traced to one O. Babajide of the chambers of Sofunde, Osakwe, Ogundipe & Belgore. Responding to the allegations, Justice Aluko defended his conduct and emphasised the importance of cooperation among parties in judicial proceedings. Related News C’River woman bags eight years jail for operating unregistered pharmacies Judicial impunity threatens democracy, SAN warns NSCDC arraigns 15 Chinese, nine Nigerians for illegal mining in Nasarawa “Judicial processes cannot succeed without the active cooperation and participation of all parties,” the judge stated. He noted that the defendants had failed to appear before