The Court of Appeal (Nigeria) has upheld the conviction and sentencing of former Group Managing Director of Nigerian Army Properties Limited, Major General Umar Mohammed, for stealing and misappropriating funds belonging to the company.
In the Certified True Copy (CTC) of the judgement, the appellate court dismissed Mohammed’s appeal challenging the jurisdiction of the Nigerian Army Special Court Martial and the validity of its verdict.
Mohammed was earlier tried and convicted by the court martial on October 10, 2023, for offences bordering on stealing and criminal misappropriation of funds belonging to the army’s property company.
Following the conviction, he was dismissed from the Nigerian Army, sentenced to imprisonment and ordered to refund $2,099,700 and N1.65 billion to the company.
Dissatisfied with the ruling, the former senior officer filed an appeal on February 12, 2025, in suit No. CA/ABJ/CR/383/2025, arguing that his conviction was not supported by sufficient and credible evidence.
However, a three-member panel of justices Abba Mohammed, Okon Abang, and Eberechi Nyesom-Wike dismissed the appeal, ruling that the evidence presented during the court martial clearly established the offences.
According to the judgement issued on Monday, the appellate court held that the Special Court Martial was right to reject the former general’s defence, describing it as inconsistent and unreliable.
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.
The justices ruled that the inconsistencies undermined his credibility.
The appellate court consequently affirmed the conviction and sentence imposed by the court martial on all counts except those relating to forgery.
In a related development, Justice Dehinde Dipeolu of the Federal High Court in Lagos ordered the final forfeiture of shares worth more than N5 billion traced to Mohammed and a businessman, Kayode Filani.
The order followed an application 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 tenure as head of the army’s property company.
EFCC counsel Hanatu Kofanaisa told the court that the Special Court Martial had already convicted Mohammed on 14 out of 18 counts of stealing and related offences.
She added that the commission fulfilled all legal requirements for the final forfeiture, including the mandatory newspaper publication, without any objection being filed.
In granting the application, Justice Dipeolu ruled that the EFCC had sufficiently proved its case and ordered the shares permanently forfeited to the Federal Government in favour of Nigerian Army Properties Limited.
The application was brought under Section 44(2)(b) of the Constitution of the Federal Republic of Nigeria 1999 and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act 2006.
