The Court of Appeal has affirmed the conviction and sentencing of former Group Managing Director of Nigerian Army Properties Limited (NAPL), Maj.-Gen. Umar Mohammed, for offences involving the theft and misappropriation of company funds.
In the Certified True Copy (CTC) of the ruling, the
appellate court dismissed Mohammed’s appeal challenging the authority of the
Nigerian Army’s Special Court Martial and the legitimacy of its decision.
Mohammed had previously been tried and convicted by the
Special Court Martial on Oct. 10, 2023 for offences relating to stealing and
criminal misappropriation of funds belonging to Nigerian Army Properties
Limited.
Following the verdict, the former senior officer was
dismissed from the Nigerian Army, sentenced to prison and ordered to refund
2,099,700 dollars and N1.65 billion to the company.
Unhappy with the outcome, Mohammed filed an appeal on Feb.
12, 2025 in suit No. CA/ABJ/CR/383/2025, contending that the conviction was not
supported by credible and sufficient evidence.
However, a three-member panel of justices Abba Mohammed,
Okon Abang and Eberechi Nyesom-Wike rejected the appeal, holding that the
evidence presented during the court martial clearly established the offences.
According to the certified judgment issued on Monday, the
court ruled that the Special Court Martial was justified in dismissing the
former general’s defence, describing it as inconsistent and unreliable.
The court pointed to contradictions in Mohammed’s testimony,
particularly his claim that Nigerian Army Properties Limited never operated
berthing services.
This position conflicted with documentary records authored
by him that indicated the company actually engaged in such operations.
The justices held that these inconsistencies weakened his
credibility before the tribunal.
Consequently, the Court of Appeal upheld the conviction and
sentence imposed by the Special Court Martial on all counts except those
related to forgery.
Meanwhile, the News Agency of Nigeria (NAN) reports that in
August 2025, Justice Dehinde Dipeolu of the Federal High Court in Lagos also
ordered the final forfeiture of shares valued at more than N5 billion traced to
Mohammed and a businessman, Kayode Filani.
The order followed an application filed by the Economic and
Financial Crimes Commission (EFCC), which informed the court that the
245,568,137 shares were acquired with proceeds of unlawful activities carried
out during Mohammed’s time as head of the army’s property company.
EFCC counsel, Hanatu Kofanaisa, told the court that a
Special Court Martial had earlier convicted Mohammed on 14 out of 18 counts
bordering on stealing and related offences.
She further explained that the commission had satisfied all
legal conditions required for final forfeiture, including the mandatory
publication in newspapers, without any objections being raised.
Delivering the ruling, Justice Dipeolu held that the EFCC
had sufficiently proved its case and ordered that the shares be permanently
forfeited to the Federal Government in favour of Nigerian Army Properties
Limited.
The application was filed under Section 44(2)(b) of the 1999
Constitution and Section 17 of the Advance Fee Fraud and Other Fraud Related
Offences Act, 2006.
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