By Henry Ojelu
The Lagos State High Court sitting in Ikeja has discharged and acquitted the Managing Director of Lionstone Offshore Services Limited and Lionstone Company Limited, Mr Amaechi Ndili, his co-defendant, Mrs Njide Chizoba Ndili, and the two companies over a disputed $4.66 million claimed by Hercules Offshore Nigeria Limited.
Justice O. O. Abike-Fadipe, in a judgment delivered on Wednesday, September 16, 2026, upheld the defendants’ no-case submission, ruling that the prosecution failed to establish a prima facie case against them on the four-count charge.
The defendants were charged with conspiracy to steal, stealing by dishonest conversion, stealing funds held under direction, and stealing by persons having an interest in the property allegedly stolen.
The prosecution alleged that between July 2012 and September 2013, the defendants dishonestly converted $4,666,234.28 received from Addax Petroleum Development Nigeria Limited in connection with a contractual arrangement involving Lionstone and Hercules.
The defendants denied the allegations, maintaining that the Addax contract was separate from the Joint Bidding Agreement relied upon by Hercules and that Hercules had no legal or proprietary interest in the disputed funds.
They were arraigned on an amended four-count charge on January 30, 2023, and pleaded not guilty.
The prosecution called three witnesses and tendered several exhibits before closing its case on December 9, 2025, after which the defendants filed a no-case submission.
Justice Abike-Fadipe held that the prosecution failed to present legally admissible evidence linking the defendants to the alleged offences.
The court also noted that the dispute had previously been subjected to arbitration, which resulted in an arbitral award in favour of Hercules. The Federal High Court, Lagos, subsequently granted leave on October 9, 2017, for the recognition and enforcement of the award.
The judge questioned the subsequent involvement of the police, holding that the Nigeria Police Force is not an agency for recovering disputed commercial debts or enforcing private contractual claims.
Citing the Police Act 2020 and Haruna v. Sani, the court held that police powers to investigate crime do not extend to enforcing private commercial claims.
The court consequently found the criminal proceedings to constitute an abuse of court process and discharged and acquitted all four defendants on the charges
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