Appeal Court Affirms Conviction of Ex-Army General, Orders N4bn Refund

The Court of Appeal of Nigeria has affirmed the conviction of a former head of Nigerian Army Properties Limited, Maj.-Gen. Umar Mohammed, over allegations of diverting and misusing company funds.

According to the Certified True Copy of the judgment, the appellate court dismissed Mohammed’s appeal in which he challenged both the jurisdiction of the Special Court Martial and the validity of the decision that found him guilty.

The former officer had earlier been convicted by a Special Court Martial on Oct. 10, 2023, for offences related to stealing and criminal misappropriation of funds belonging to the army-owned company. Following the ruling, he was dismissed from service, sentenced to imprisonment, and directed to refund 2,099,700 dollars and N1.65 billion to the organisation.

Unhappy with the outcome, Mohammed filed an appeal on Feb. 12, 2025, under suit number CA/ABJ/CR/383/2025, arguing that the conviction lacked 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 adequately proved the offences.

The judgment noted that the trial panel was justified in dismissing the former general’s defence, describing it as inconsistent and lacking credibility. The court pointed to contradictions in Mohammed’s testimony, particularly his claim that the company did not operate berthing services, which conflicted with official documents previously authored by him.

The appellate court therefore upheld the findings and punishment handed down by the Special Court Martial on all counts except those relating to forgery.

In a related development, Dehinde Dipeolu of the Federal High Court of Nigeria in Lagos had earlier ordered the permanent forfeiture of shares valued at over N5 billion linked to Mohammed and businessman Kayode Filani.

The order followed an application by the Economic and Financial Crimes Commission, which informed the court that the 245,568,137 shares were acquired with proceeds of unlawful activities during Mohammed’s tenure at the army’s property firm.

Counsel to the commission, Hanatu Kofanaisa, explained that the court martial had previously convicted Mohammed on 14 of 18 counts related to financial misconduct. She added that the agency complied with all legal requirements for the forfeiture process, including public notification, without receiving any objections.

The court consequently ruled that the assets be permanently transferred to the Federal Government for the benefit of the army’s property company, concluding that the evidence presented justified the confiscation.

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