Justice Akintayo Aluko of the Federal High Court in Lagos has recused himself from further proceedings in the prosecution of a Briton, Marcus Wade, and two Indian nationals, Prem Garg and Devashish Garg, over an alleged $42.48 million fraud. The decision followed a petition alleging misconduct against the judge.
The trio, alongside their companies Wilben Trade Limited and Agrico Agbe Limited, are being prosecuted by the Office of the Attorney-General of the Federation (AGF) in suit number FHC/L/562C/2022 on charges of conspiracy, obtaining by false pretence, and fraud. The prosecution alleged that between May and September 2015, the defendants defrauded Ecobank Plc of the sum under the guise of importing rice into Nigeria. One charge stated that the defendants conspired to commit an offence punishable under Section 422 of the Criminal Code Act, Laws of the Federation of Nigeria, 2004.
Since the charge was filed in 2022, none of the defendants has appeared in court to take their plea. The case suffered several adjournments at their instance. At the resumed hearing on Monday, the defendants were again absent, although counsel Demola Seriki appeared for the first, second, and fourth defendants. I.A. Akinteye represented the nominal complainant and informed the court that the prosecutor was unable to travel from Abuja.
Justice Aluko expressed displeasure over being petitioned following an earlier adjournment granted at the request of the nominal complainant's counsel. He noted that the petition, reportedly authored by an unnamed individual, accused him of gross misconduct. The court also referenced a related petition linked to one Babajide O. Ogundipe, raising concerns about the credibility and intent of the complaints.
Reacting, the judge emphasized that judicial processes depend on active cooperation and participation of all parties, stressing that the defendants had consistently failed to appear despite multiple notices. He disclosed that at least three separate notices had been issued in the case, dismissing claims that any communication from the court was irregular or misleading. The court recalled its earlier position delivered on March 26, reiterating that due process must be followed and that lawful engagement with court procedures is essential to achieving justice and fairness.
Justice Aluko rejected allegations of bias or personal interest, maintaining that no preferential treatment had been accorded to any party despite the high-profile nature of the case. “I do not have any personal interest in this case,” the judge stated, adding that thousands of cases pass through his court without exception.
Consequently, Justice Aluko announced his decision to recuse himself and ordered that the case file be returned to the Chief Judge of the Federal High Court for reassignment to another judge for continued prosecution.
