The trial of five defendants accused of orchestrating a $42.5 million rice import fraud against Ecobank Plc was stalled at the Federal High Court in Lagos on Thursday after Justice Akintayo Aluko recused himself from the case following allegations of misconduct and bias.

 

The defendants — Indian nationals Prem Garg and Devashish Garg, British citizen Marcus Wade, Agrico Agbe Limited, and Wilben Trade Limited — are facing a five-count charge of conspiracy, obtaining by false pretence, cheating, and conversion linked to alleged fraudulent rice import transactions.

 

When the matter came up for hearing, none of the defendants was present in court. Prince Damola Seriki represented the first, second, and fourth defendants, while I.A. Akintaye appeared for the nominal complainant. M.N. Enyi represented Standard Chartered Bank as the third cited party.

 

The Federal Government, through the Department of Public Prosecutions of the Federal Ministry of Justice, alleges that the defendants fraudulently obtained $42.49 million from Ecobank between May and September 2015 under the guise of importing Indian parboiled rice into Nigeria. Prosecutors claim the funds were diverted and converted for purposes outside the agreed transactions.

 

The charges, filed under suit number FHC/L/CR/51/2022, allege that the defendants first secured $22.49 million in May 2015 and later obtained an additional $20 million in September 2015 on the same representation.

 

Addressing a petition accusing him of bias and misconduct, Justice Aluko maintained that his conduct throughout the proceedings was proper and consistent with legal authorities. He stated that the petition appeared designed to delay the trial and criticised repeated absences by defence counsel, stressing that legal practitioners must not obstruct or hinder the administration of justice.

 

Although he dismissed the allegations as lacking merit, the judge said he chose to step aside to avoid any perception of bias and to preserve confidence in the judicial process. He emphasised that he had no personal interest in the matter and subsequently ordered that the case file be transferred to the Administrative Judge for reassignment to another judge.