Higher Court confirms guilty verdict of former Army General, directs reimbursement of over N4 billion

The Court of Appeal has upheld the conviction and sentencing of former Group Managing Director of Nigerian Army Properties Limited, Maj.-Gen. Umar Mohammed, for stealing and misappropriating company funds, with the appellate court dismissing Mohammed’s appeal challenging the jurisdiction of the Special Court Martial and the validity of its verdict.

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Mohammed was earlier tried and convicted by the court martial on Oct. 10, 2023, for offences bordering on stealing and criminal misappropriation of funds belonging to Nigerian Army Properties Limited, resulting in his dismissal from the Nigerian Army, imprisonment, and an order to refund 2,099,700 dollars and N1.65 billion to the company.

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Following his conviction, Mohammed approached the appellate court on Feb. 12, 2025, in suit No. CA/ABJ/CR/383/2025, arguing that his conviction was not supported by sufficient and credible evidence, but the three-member panel of justices dismissed the appeal.

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The panel, comprising Abba Mohammed, Okon Abang, and Eberechi Nyesom-Wike, ruled that the evidence presented during the court martial clearly established the offences, and that the Special Court Martial was right to reject the former general’s defence due to its inconsistencies and unreliability.

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The court noted contradictions in Mohammed’s testimony, particularly his claim that Nigerian Army Properties Limited never operated berthing services, which contradicted documentary records authored by him indicating otherwise, and ruled that these inconsistencies undermined his credibility.

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The justices consequently affirmed the conviction and sentence imposed by the Special Court Martial on all counts except those relating to forgery, upholding the lower court’s decision.

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In a related development, Justice Dehinde Dipeolu of the Federal High Court in Lagos State ordered the final forfeiture of shares worth over N5 billion traced to Mohammed and a businessman, Kayode Filani, in August 2025.

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The order followed an application by the Economic and Financial Crimes Commission, which told the court that the 245,568,137 shares were purchased with proceeds of unlawful activities carried out during Mohammed’s tenure as head of the army’s property company.

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EFCC counsel Hanatu Kofanaisa explained that a Special Court Martial had already convicted Mohammed on 14 out of 18 counts of stealing and related offences, and that the commission had met all legal requirements for final forfeiture, including the mandatory newspaper publication, without any objection being filed.

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Justice Dipeolu granted the application, holding that the EFCC had proved its case and ordering the shares permanently forfeited to the Federal Government in favour of the Nigerian Army Properties Limited, under Section 44(2)(b) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.