Matilda Omonaiye
The Enugu State Division of the Court of Appeal has sentenced Henry Ugwuede to seven years in prison for land fraud, ruling that returning the defrauded money to his victim does not erase criminal liability.
Ugwuede had been prosecuted by the Enugu Zonal Directorate of the Economic and Financial Crimes Commission (EFCC) on six counts of forgery, uttering, and obtaining by false pretence, involving a total of N2,910,000.
He allegedly defrauded Capt. Agbor Ubachukwu Solomon by falsely claiming ownership of plots of land in Emehelaku layout, Nike, Enugu East Local Government Area, and forging the Deed of Lease.
During his trial before Justice R. O. Dugbo Oghoghorie of the Federal High Court, Ugwuede pleaded not guilty.
The EFCC presented five witnesses and multiple exhibits, including the Deed of Lease.
On April 18, 2024, the court discharged and acquitted him after he refunded the money to the victims, holding that restitution had removed the elements of the offence.
Dissatisfied, the EFCC appealed, arguing that the lower court failed to properly evaluate the evidence and erred in suggesting that refunding the money absolved Ugwuede of punishment.
On November 25, 2025, a three-member panel of the Court of Appeal, led by Justice Mohammed Mustapha, ruled: “Restitution in itself does not and did not take away the punishment meant and intended for committing the crime. Therefore, the refund of the money collected by the respondent under false pretence has to come along with the punishment prescribed for the offence.”
The appeal court set aside the April 2024 acquittal and convicted Ugwuede as charged.
He was sentenced to the mandatory minimum of seven years imprisonment without the option of a fine, with sentences to run concurrently under the Miscellaneous Offences Act, 2004.
Spokesman for the EFCC, Dele Oyewale, said the ruling underscores the principle that financial restitution cannot replace criminal accountability.
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