Judge Recuses Self from $42.48 Million Fraud Trial in Lagos

A significant fraud trial in Lagos took a dramatic turn Tuesday when the presiding judge, Justice Akintayo Aluko, withdrew from the case. The trial, involving a British national and two Indian businessmen accused of defrauding Ecobank Nigeria Plc of $42.48 million, has been ongoing since 2022.

The defendants, Marcus Wade, Prem Garg, and Devashish Garg, along with their companies Wilben Trade Limited and Agrico Agbe Limited, face charges including conspiracy, obtaining by false pretense, and fraud. The case, filed by the Office of the Attorney-General of the Federation, centers on allegations that the defendants conspired between May and September 2015 to defraud Ecobank under the guise of importing rice into Nigeria. Notably, the defendants have yet to enter a plea since the trial began, with repeated adjournments largely due to their absence.

At the latest hearing, the defendants were again absent. Their counsel appeared for some, while the prosecution informed the court of the lead prosecutor's unavailability. The proceedings shifted unexpectedly when Justice Aluko revealed he had received a petition alleging gross misconduct and bias against him concerning an earlier adjournment. He stated the petition, reportedly from an unnamed complainant, questioned his handling of the case, and mentioned another related petition linked to Babajide O. Ogundipe.

Visibly displeased, Justice Aluko asserted that the court had followed due process, issuing and serving hearing notices on all parties. He rejected any claims of bias, emphasizing his impartiality over thousands of cases and his lack of personal interest in this matter. The judge highlighted that the defendants' persistent absence had significantly stalled the trial, despite numerous adjournments and warnings. He reiterated that justice requires active participation from all parties.

"I do not have any personal interest in this case," Justice Aluko stated before announcing his recusal. He ordered the case file returned to the Chief Judge of the Federal High Court for reassignment, marking a fresh start for a trial already plagued by delays and procedural issues.

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I do not have any personal interest in this case