Justice Akintayo Aluko of the Federal High Court in Lagos has recused himself from further proceedings in the criminal case involving a British national, Marcus Wade, and two Indian nationals, Prem Garg and Devashish Garg, who face charges related to an alleged $42.48 million fraud.
The defendants were arraigned before the court by the Office of the Attorney-General of the Federation (AGF) on charges of conspiracy, obtaining money by false pretences, and fraud.
The AGF, in the charge marked FHC/L/562C/2022, alleged that the defendants, along with their companies, Wilben Trade Limited and Agrico Agbe Limited, fraudulently obtained $42.48 million from Ecobank Plc in 2015 by claiming to be importing rice into Nigeria.
However, since the case was instituted in 2022, none of the defendants has appeared before the court to enter a plea, leading to numerous adjournments.
One of the charges alleges that Prem Garg, Devashish Garg, Agrico Agbe Limited, Wilben Trade Limited (Dubai), and Marcus Wade conspired between May and September 2015 to commit offences punishable under Section 422 of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.
At the resumed hearing on Monday, none of the defendants was present in court.
However, the first, second, and fourth defendants were represented by their counsel, Prince Demola Seriki.
During the proceedings, counsel to the nominal complainant, I. A. Akinteye, informed the court that the prosecutor was unable to travel from Abuja to Lagos for the proceedings.
Based on the development, Justice Aluko expressed displeasure over a petition filed against him following an adjournment previously granted at the request of counsel to the nominal complainant.
The petition, submitted anonymously, accused the judge of gross misconduct.
The judge disclosed that the petition was traced to one O. Babajide of the law firm Sofunde, Osakwe, Ogundipe & Belgore.
Justice Aluko stressed that judicial proceedings can only succeed through the active participation and cooperation of all parties involved.
He noted that despite several opportunities and court-issued notices, the defendants had consistently failed to appear.
The judge further revealed that three separate notices had been issued regarding the case, dismissing any suggestion that the court had engaged in irregular communication or acted in a manner intended to mislead any party.
Justice Aluko maintained that adherence to due process and lawful engagement with court proceedings are essential to the administration of justice.
He also rejected allegations of bias, insisting that he had no personal interest in the matter and had not shown any favouritism to any party.
“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 withdraw from the case and ordered 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.
