A Federal High Court in Lagos yesterday dismissed the applications of two Indian nationals, Prem Garg and Devashish Garg, along with a Briton, Marcus Wade, seeking to quash a bench warrant issued for their arrest and extradition. The court ruled that their applications lacked merit.
The two Indians, along with Wade—who serves as the Chairman of Wilben Trade Limited, Dubai—and their companies, Agrico Agbe Limited and Wilben Trade Limited, Dubai, are facing charges brought by the office of the Attorney-General of the Federation (AGF). They are accused of defrauding Ecobank Plc of $42.485 million by falsely claiming the funds would be used to purchase and import parboiled rice into Nigeria from India.
Counts one and four against the defendants in the charge marked FHC/L/562C/2022, dated October 7, 2022, reads, “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), Marcus Wade (Chairman of Wilben Trade Ltd, Dubai) of British nationality, sometime in the month of May and September, 2015, at Ecobank Plc, Lagos within the jurisdiction of this court conspired between yourselves to commit an offence thereby committed an offence punishable under Section 422 of the Criminal Code Act, Cap C38 Laws of the Federation of Nigeria, 2004.
“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), Marcus Wade (Chairman of Wilben Trade Ltd, Dubai) of British nationality, sometime in the month of May and September, 2015 at Eco Bank Plc., Lagos within the jurisdiction of this court conspired between yourselves to commit an offence to wit: Cheating in that you caused Ecobank Plc to deliver monies to the tune of $42,485,900, which was intended by contract for the purchase and import into Nigeria India Parboiled rice but never utilized the sum of money for the contract and thereby committed an offence punishable under Section 421 of the Criminal Code Act, Cap, C38 Laws of the Federation of Nigeria, 2004.”
However, while the charge is pending, the defendants did not appear in court to take their pleas on the charges.
The situation prompted the office of the Attorney-General of the Federation (AGF), represented by Dr. Pius Akutah, now the Executive Secretary/Chief Executive Officer (CEO) of the Nigerian Shippers Council, to submit an application to the court seeking a bench warrant and possible extradition of the defendants.
This application was approved by Justice Akintayo Aluko in November 2023.
However, the defendants, represented by Senior Advocates of Nigeria, SANs, Dele Belgore and Dr. Dada Awosika, responded by filing applications to quash the orders for their arrest and extradition.
In response, the AGF, through its lawyer, Mrs. Kehinde Bode-Ayeni, who took over the case from Dr. Akutah, opposed the defendants’ applications.
In his ruling, Justice Aluko stated that the ongoing proceedings before the Magistrate Court in Delhi, India, cannot act as a stay on the criminal proceedings in Nigeria, as the case in India is not purely criminal. Furthermore, the Nigerian court’s jurisdiction is constituted under the Nigerian constitution.
Justice Aluko further clarified that an order to maintain the status quo issued by another court does not invalidate the criminal charges pending in his court.
He also emphasized that under the Administration of Criminal Justice Act, which governs criminal proceedings in Nigeria, both criminal and civil proceedings can proceed simultaneously.
On the final note, Justice Aluko held, “There is no merit in the applications filed by the defendants.” The judge held that the two applications lack merit and same are dismissed.
Consequently, Justice Aluko the case to October 24, for report on bench warrant and further proceedings.
(allnews.ng)
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