The trial of five defendants, including Indian nationals, a British citizen, and foreign-registered companies over an alleged $42.5 million rice import fraud involving Ecobank Plc, was stalled on Thursday at the Federal High Court in Lagos after the trial judge, Justice Akintayo Aluko, recused himself from the case following allegations of misconduct and bias.
The defendants — Prem Garg and Devashish Garg (Indian nationals), Marcus Wade (a British citizen), Agrico Agbe Limited, and Wilben Trade Limited — are standing trial on a five-count charge bordering on conspiracy, obtaining by false pretence, cheating, and conversion in connection with alleged fraudulent rice import transactions.
When the case was called, none of the defendants was present in court.
Prince Damola Seriki appeared for the 1st, 2nd, and 4th 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 over allegations that they defrauded Ecobank Plc through foreign exchange transactions meant for the importation of Indian parboiled rice into Nigeria.
According to the charge marked FHC/L/CR/51/2022, the defendants allegedly conspired between May and September 2015 to obtain $42,485,900 from Ecobank under the pretence 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, while Agrico Agbe Limited is a Nigerian-registered company and Wilben Trade Limited is incorporated in Dubai, United Arab Emirates.
During proceedings, Justice Aluko addressed allegations contained in a petition accusing him of misconduct and bias, which referenced the Court of Appeal decision in Adio v. FRN (2019) LPELR-46793 (CA).
The judge said the decision did not prohibit 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 the repeated absence 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 more than 1,000 matters on his docket.
He subsequently directed that the case file be forwarded to the Administrative Judge for reassignment to another judge.
