Judge Recuses Self From $42.5 Million Fraud Trial, Dismisses Bias Allegations

Wale Igbintade

The trial of five defendants—two Indian nationals, a British citizen, and two foreign‑registered companies—over an alleged $42.5 million rice import fraud involving Ecobank Plc was paused on Thursday at the Federal High Court in Lagos. The trial judge, Justice Akintayo Aluko, recused himself after a petition alleged misconduct and bias.

The defendants—Prem Garg and Devashish Garg (Indian nationals), Marcus Wade (British citizen), Agrico Agbe Limited, and Wilben Trade Limited—face five counts that include conspiracy, obtaining by false pretence, cheating, and conversion related to the purported fraudulent rice import transactions.

When the case was called, none of the defendants appeared in court.

Prince Damola Seriki represented the first, second, and fourth defendants, while I.A. Akintaye held a watching brief for the nominal complainant.

M.N. Enyi appeared for the third cited party, Standard Chartered Bank.

The Federal Government, through the Department of Public Prosecutions of the Federal Ministry of Justice, is prosecuting the defendants for allegedly defrauding Ecobank Plc via foreign‑exchange transactions intended to finance the importation of Indian parboiled rice into Nigeria.

According to charge FHC/L/CR/51/2022, the defendants allegedly conspired between May and September 2015 to obtain $42,485,900 from Ecobank under the pretense that the funds would be used for rice importation, but allegedly diverted the money for other purposes.

The prosecution said the defendants first obtained $22,485,900 in May 2015 and later an additional $20 million in September 2015 on the same representation.
The Federal Government further alleged that the funds were never used for the intended transactions and were instead converted contrary to the terms of the agreement.

The alleged offences contravene Sections 422, 419A, 421, and 390 of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.

Court documents identify Prem Garg and Devashish Garg as Indian nationals, Marcus Wade as a British citizen and Chairman of Wilben Trade Limited, Agrico Agbe Limited as a Nigerian‑registered company, and Wilben Trade Limited as incorporated in Dubai, United Arab Emirates.

During proceedings, Justice Aluko addressed allegations in a petition that accused him of misconduct and bias, citing the Court of Appeal decision in Adio v. FRN (2019) LPELR‑46793 (CA).

The judge said the decision did not prohibit a counsel holding a watching brief from passing information to the court, but only frowned upon such counsel filing formal processes without leave.

He maintained that his actions were proper and noted that even when both prosecution and defence counsel were absent on October 23, 2025, he still ordered that hearing notices be issued and served on defence counsel.

Justice Aluko also suggested that the petition appeared aimed at delaying the trial, while faulting repeated absences of defence counsel from court proceedings.

Citing Rule 30 of the Rules of Professional Conduct for Legal Practitioners, he stressed that lawyers must not act in a manner that obstructs or delays the administration of justice.

Although he dismissed the allegations as unsubstantiated, the judge said he elected to recuse himself to avoid any perception of bias.

He added that he had no personal interest in the case or any of the over 1,000 matters in his docket.

He subsequently directed that the case file be forwarded to the Administrative Judge for reassignment to another judge.