Appeal Court Upholds Conviction of Ex-Army General, Orders ₦4bn Refund

Appeal Court Upholds Conviction of Ex-Army General, Orders ₦4bn Refund

The Court of Appeal of Nigeria has affirmed the conviction and prison sentence handed to former Major General Umar Mohammed over the diversion of billions of naira belonging to Nigerian Army Properties Limited (NAPL), the property and investment arm of the Nigerian Army.

In a judgment delivered by a three-member panel of justices, the appellate court upheld the earlier decision of a Special Court Martial which found the retired officer guilty of stealing and mismanaging funds belonging to the army-owned company during his tenure as its Group Managing Director.

The court also sustained the order directing him to refund more than ₦4 billion traced to the illegal transactions.

According to the Certified True Copy of the judgment, the justices dismissed Mohammed’s appeal challenging both the jurisdiction of the military tribunal and the outcome of the trial. The appellate court held that the court martial acted within the bounds of the law and relied on credible and admissible evidence to reach its verdict.

The panel—comprising Justice Abba Mohammed, Justice Okon Abang, and Justice Eberechi Nyesom‑Wike—ruled that the prosecution had successfully established the charges brought against the former general.

Mohammed was originally arraigned before the military tribunal on October 10, 2023, where he faced multiple counts of stealing, criminal misappropriation and financial misconduct involving funds belonging to the army property firm.

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After the trial, the court martial dismissed him from military service and sentenced him to imprisonment. The tribunal also ordered him to refund $2,099,700 and ₦1.65 billion to the company as restitution for the diverted funds.

Dissatisfied with the ruling, Mohammed approached the appellate court in February 2025 through an appeal marked CA/ABJ/CR/383/2025, asking that the conviction be overturned on the grounds that the evidence used against him was weak and unreliable.

However, the appellate court disagreed.

The justices ruled that the defence presented by the former officer was riddled with contradictions and could not discredit the evidence already accepted by the court martial.

Part of the judgment highlighted inconsistencies in Mohammed’s testimony. During the proceedings, he had claimed that Nigerian Army Properties Limited did not operate berthing services, but the court noted that documentary records previously authored and signed by him indicated that the company was indeed involved in such operations.

The appellate court held that the conflicting statements weakened his credibility and strengthened the prosecution’s case.

Consequently, the court affirmed the conviction and sentence on most of the charges established by the tribunal, setting aside only the counts relating to alleged forgery.

Mohammed’s legal troubles extend beyond the criminal conviction.

In August 2025, the Federal High Court of Nigeria sitting in Lagos, presided over by Justice Dehinde Dipeolu, ordered the final forfeiture of shares worth more than ₦5 billion linked to the former general and businessman Kayode Filani.

The shares—totalling 245,568,137 units—were found to have been purchased with funds suspected to be proceeds of illegal activities during Mohammed’s leadership of the army-owned company.

The forfeiture followed an application filed by the Economic and Financial Crimes Commission (EFCC), which told the court that its investigations had established that the funds used for the investment were unlawfully obtained.

EFCC counsel Hanatu Kofanaisa informed the court that the Special Court Martial had earlier convicted the former general on 14 out of 18 counts relating to stealing and financial misconduct.

She also explained that the commission complied with all legal procedures for final forfeiture, including public notification through newspaper publications. No individual or organisation came forward to challenge the application.

Justice Dipeolu subsequently ruled that the anti-graft agency had proven its case and ordered the shares to be permanently forfeited to the Federal Government, in favour of Nigerian Army Properties Limited.

The forfeiture proceedings were brought under Section 44(2)(b) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.

With the latest ruling by the Court of Appeal, Mohammed’s attempt to overturn his conviction has effectively failed, reinforcing the disciplinary action earlier taken by military authorities and marking a major judicial decision in Nigeria’s ongoing fight against corruption within public institutions.

Appeal Court Upholds Conviction of Ex-Army General, Orders ₦4bn Refund