- The forfeiture order came nine months after being sentenced seven years by Special Court Martial and refund of various amounts of money
Justice Chukujekwu Aneke of the Federal High Court sitting in Ikoyi, Lagos, on Wednesday, July 17, 2024, ordered the final forfeiture of five properties linked to a former Managing Director, Nigerian Army Properties Limited, NAPL, Major General Umar Mallam Mohammed.
The Judge gave the order following a motion on notice filed and argued by the Economic and Financial Crimes Commission (EFCC), through its lawyer, A.O. Mohammed.
The properties are: No.8b, Bedwell Road, Ikoyi; No.3, Force Road, Ikoyi, Lagos; No.14, Glover Road, Ikoyi, Lagos; No.6, Marina, Ikoyi, Lagos and No. 28, Point Road, Apapa, Lagos.
EFCC investigation revealed that the properties were fraudulently misappropriated and the proceeds of the sale diverted for personal use.
The Judge had, on March 4, 2024, ordered the interim forfeiture of the properties reasonably suspected to be proceeds of an unlawful activity and also directed the publication of the order in a national newspaper for any interested person to show cause why they should not be permanently forfeited to the Federal Government of Nigeria.
Moving the application for the final forfeiture of the properties on Wednesday, Mohammed told the court that the Commission had complied with the order of the court regarding the publication.
He also submitted that “ it will be in the interest of justice for the court to grant the prayers being sought and also order the final forfeiture of the property to the Federal Government.”
The Judge, after listening to the submissions of the EFCC’ s counsel, ordered the final forfeiture of the five properties to the Federal Government in favour of NAPL.
Earlier on October 10, 2023, a Nigerian Army Special Court Martial convicted General Mohammed to seven years imprisonment.
The Court Martial also ordered the convicted senior officer to refund $2.17 million dollars and N1.06 billion, being amount of monies he stole, back to the company’s coffers.
He had been found guilty on October 4, 2023 of 14 out of 18 counts charges preferred against him by the Nigerian Army.
President of the Special Court Martial, Major General James Myam, while reading the sentences, also ordered the convicted senior officer to refund the $2,053,200 and N1,690,000,000 to the Nigerian Army.
At the tabulation of the sentences passed on the General, it amounted to 49 years imprisonment, but with the court announcing that the sentences would run concurrently, it came down to 7 years.
The counts for which the senior officer was found guilty and the sentences as well as the order’s are count 1, Stealing which is contrary to section 323, sub-section 7 of the Armed Forces Act. He was found guilty, sentenced to 5 years imprisonment. The court further ordered him to pay back the sum of $1,045,400 to the Nigerian Army Properties Limited
Count 2, he was found guilty of Stealing and sentenced to 5 years imprisonment. He was also ordered to pay back the sum of $400,800 to the Nigerian Army Properties Limited
Count 3, he was found guilty of Stealing and sentenced to 5 years imprisonment. He was ordered to pay back the sum of $85,400 to the Nigerian Army Properties Limited.
Count 4, Major Gen UM Mohammed was found guilty of Stealing, sentenced to 5 years imprisonment and ordered to pay back the sum of $35,300 to the Nigerian Army Properties Limited.
Count 5, he was found guilty of Stealing contrary to section 383, sub-section 1 of the Criminal Code Act and sentenced to 5years imprisonment. The Special Court Martial also ordered the Gen to pay back the sum of $55,500 to Nigerian Army Properties Limited
Count 6, he was found guilty of Stealing contrary to section 310 of the Criminal Code and sentenced to 5 years imprisonment. He was also ordered to pay back the sum of $46,500 to the Nigerian Army Properties Limited.
General UM Mohammed was discharged and acquitted on Counts 7, Conspiracy to commit forgery, Count 10, conspiracy to forgery of document, Count 11, Forgery and Count 12, Conduct Prejudice to Service Discipline and Count 17, Criminal Misconduct.
The court found him guilty of Count 8, Forgery contrary to section 362 of the Armed Forces Act and he was sentenced to 7 years imprisonment.
He was found guilty of Count 9 and sentenced to 5 years imprisonment. General UM Mohammed was also ordered to pay back the sum of $430,800 to the Nigerian Army Properties Ltd.
He was found guilty of Count 12, Conduct Contrary to Service discipline and sentenced to 2 years
General Mohammed was found guilty of Count 13, Theft, sentenced to 5 years and ordered to pay back the sum of N74million to the Nigerian Army Properties Limited.
He was found guilty of Count 14, Criminal Misappropriation, sentenced to 2 years and othered to pay back the sum of N590million to the FCC NAM Limited
He was found guilty of Count 16, Criminal Misappropriation, sentenced to 2 years imprisonment and ordered to pay back to the Nigerian Army Properties Limited, the sum of N255million.
In the same Count 16, the court further ordered the convicted general to pay back another sum of N550million to FCC Nigerian Army Properties Ltd
The senior officer was found guilty of Count 18, Criminal Misappropriation contrary to section 308, Laws of Northern Nigeria, sentenced to 2 years imprisonment and ordered to pay back to the Nigerian Army Properties Limited, the sum of N 172million.