Justice Akintayo Aluko of a Federal High Court, Lagos, has recused himself from further adjudication of the fraud matter between Eco Bank and three foreigners, a briton Marcus Wade, and two India citizens, Prem Garg and Devashish Garg, over an alleged frivolous petition.
The three individuals were charged before the court by the office of the Attorney-General of the Federation (AGF) on charges bordering on alleged conspiracy, obtaining by false pretence and fraud of $42.48 million.
AGF has specifically informed the court in the charged marked FHC/L/562C/2022, that the three foreigners alongside their companies; Wilben Trade Limited and Agrico Agbe Limited, sometimes in 2015, defrauded Eco bank Limited of the mentioned sum under the false pretence of using the money to import rice into Nigeria.
But since the charge was instituted in 2022, none of the defendants ever appeared before the court to take their plea, while the matter has been adjourned multiple times at their instances.
One of the charges against the defendants read: “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, and thereby committed an offence punishable under Section 422 of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.”
However, at the resumed hearing of the charge on Monday, when the matter was called, all the defendants were nowhere to be found. But the first, second and fourth defendants were represented by Prince Demola Seriki, while the nominal complainant was represented by I. A. Akinteye, who informed the court that the prosecutor was unable to make it down to Lagos from Abuja.
Upon the announcement of the appearance, the presiding judge expressed his displeasure at a petition against him for granting an adjournment at the request of the counsel for the nominal Complainant.
The anonymous petition accused Aluko of gross misconduct for obliging to the adjournment.
Speaking on it at the session, the judge noted that the petition under review was from one Babajide O. of the Chambers of Sofunde, Osakwe, Ogundipe & Belgore law firm.
Defending his action, he stressed that judicial processes cannot succeed without the active cooperation and participation of all parties.
He also held that the defendants in the matter have never appeared before the court despite multiple opportunities and official notices issued to them.
The judge also revealed that three separate notices had been issued concerning the case, dismissing suggestions that any communication or correspondence from the court was irregular or intended to mislead parties involved.
The judge also maintained that lawful engagement with court procedures remains essential to achieving justice and fairness. While rejecting the allegations of bias or personal interest in the case, insisting that no preferential treatment had been given despite the sensitivity of the matter.
“I do not have any personal interest in this case,” the judge said, noting that thousands of cases pass through his court without exception.
In conclusion, Justice Aluko recused himself from the matter and held that “the case file will be returned to the Chief judge for assignment to another judge for further prosecution of the matter”.
