The Lagos Division of the Court of Appeal has cleared businessman Hilary Ogbobe of all charges, overturning his 10-year jail sentence for alleged fraud and stealing.
The appellate court ruled that the prosecution failed to prove its case beyond reasonable doubt.
Delivering the unanimous judgment on November 27, 2025, Justice Joseph Ekanem, with Justices Paul Bassi and Polycarp Kwahar concurring, allowed Ogbobe’s appeal against the May 2, 2023 judgment of the Lagos State High Court in Ikeja.
Ogbobe had been convicted by Justice Morenike Dada for obtaining money under false pretence, under the Advance Fee Fraud and Other Fraud Related Offences Act, and for stealing under the Criminal Law of Lagos State.
He was sentenced to seven years on the first count and three years on the second, to run concurrently.
The trial court also ordered the winding up and forfeiture of the assets of the third accused company and imposed financial penalties.
Ogbobe, dissatisfied with the judgment, argued that the dispute was purely contractual and that the prosecution failed to establish fraudulent intent or false representation.
Justice Ekanem, in the lead judgment, emphasized that the burden of proof rests entirely on the prosecution and cannot shift to the accused.
The trial court, he said, wrongly expected Ogbobe to prove the existence of a dredger at the centre of the transaction.
The appellate court noted that although the prosecution claimed Ogbobe falsely represented owning a dredger, it did not verify his statement that the dredger was located at a named dredge yard in Satellite Town, Lagos.
No site inspection or identification was conducted, despite photographic evidence presented by the defence.
“Any defence, however weak, must be investigated by the prosecution. Failure to do so is fatal to the case,” Justice Ekanem said.
He also criticized the trial court for treating the absence of prosecution documents as a burden on the defence.
On the false pretence charge, the court held that the prosecution did not prove that Ogbobe’s representation was false or intended to defraud. The inability to repay money on time, the court stated, does not constitute a criminal offence.
“What emerged is a failed commercial transaction,” Justice Ekanem said, adding that civil remedies, not criminal prosecution, were appropriate.
Regarding the stealing charge, the court found no evidence of dishonesty or intent to permanently deprive the complainant of funds, noting that the complainant consented to the use of the money for business purposes.
The appellate court also struck down the trial court’s ancillary orders, including the winding up of the company, asset forfeiture, and fines, describing them as an abuse of judicial power.
All issues were resolved in Ogbobe’s favour, and the court entered a verdict of not guilty. “He is hereby discharged and acquitted,” the judgment concluded. Justice Bassi, in a concurring opinion, affirmed the panel’s unanimous decision.
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