Justice Akintayo Aluko of the Federal High Court in Lagos has withdrawn from further proceedings in the criminal case involving a Briton, Marcus Wade, and two Indian nationals, Prem Garg and Devashish Garg, who are facing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.
“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 the court despite being given several opportunities and being served with official notices.
“The defendants in this matter have never appeared before this court despite multiple opportunities and official notices issued to them,” he said.
Justice Aluko further revealed that three separate notices had been issued in relation to the case, dismissing claims that any communication from the court was irregular or intended to mislead the parties.
He maintained that strict adherence to lawful court procedures was essential to ensuring justice and fairness.
While rejecting allegations of bias, the judge said, “I do not have any personal interest in this case.”
He added that numerous cases pass through his court and that no party had received preferential treatment.
“I do not have any personal interest in this case. Thousands of cases pass through this court, and this matter is not an exception,” he said.
Consequently, Justice Aluko recused himself from the matter and directed that the case file be returned to the Chief Judge for reassignment.
“The case file will be returned to the Chief Judge for assignment to another judge for further prosecution of the matter,” he held.
