Court of appeal upholds conviction and prison sentence of Army General over embezzlement of funds

Monday, March, 9 2026 - The Court of Appeal of Nigeria has affirmed the conviction and prison sentence handed to a former senior officer of the Nigerian Army, Major General Umar Mohammed, over the diversion of billions of naira belonging to the army’s property company.

In a judgement released on Monday, the appellate court upheld the earlier decision of a Special Court Martial which found the ex-general guilty of stealing and mismanaging funds belonging to Nigerian Army Properties Limited (NAPL).

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

According to the Certified True Copy of the judgement, the three-man panel of justices rejected Mohammed’s appeal challenging both the jurisdiction of the military tribunal and the outcome of its trial. The judges ruled that the court martial acted within the law and relied on credible evidence to reach its verdict.

The former Group Managing Director of the army-owned firm was originally tried by the military tribunal on October 10, 2023. He faced multiple charges bordering on stealing and criminal misappropriation of company funds during his tenure at the organization.

After the trial, the court martial dismissed him from service and sentenced him to imprisonment. It also ordered him to refund 2,099,700 dollars and ₦1.65 billion to the company as part of the penalties imposed for the offences.

Unhappy with the decision, Mohammed filed an appeal in February 2025, asking the appellate court to overturn the judgement. In the suit marked CA/ABJ/CR/383/2025, he argued that the conviction was based on weak and unreliable evidence.

However, the appellate court disagreed.

The panel, comprising Justices Abba Mohammed, Okon Abang and Eberechi Nyesom-Wike, ruled that the prosecution successfully proved its case before the military tribunal.

The judges also faulted the defence presented by the former general. They said his explanations during the trial were inconsistent and could not be relied upon.

Part of the judgement pointed to contradictions in his testimony. Mohammed had insisted during the proceedings that Nigerian Army Properties Limited did not operate berthing services. The court, however, noted that documentary records earlier authored by him showed the company was indeed involved in such operations.

The justices held that the conflicting statements weakened his credibility and reinforced the findings of the court martial.

As a result, the appellate court affirmed the conviction and sentence on most of the charges earlier established by the military tribunal. Only counts relating to alleged forgery were set aside.

The legal troubles facing the former officer extend beyond the criminal conviction.

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

The shares, totaling 245,568,137 units, were said to have been purchased using funds suspected to be proceeds of illegal activities during Mohammed’s leadership of the army property firm.

The forfeiture followed an application filed by the Economic and Financial Crimes Commission (EFCC). The anti-graft agency told the court that investigations had already established that the funds used for the investment were illegally obtained.

EFCC counsel, Hanatu Kofanaisa, informed the court that a Special Court Martial had previously convicted the ex-general on 14 out of 18 counts relating to stealing and financial misconduct.

She further stated that the commission complied with all legal requirements for final forfeiture, including public notification through newspaper publication. No individual or organisation came forward to challenge the claim.

Justice Dipeolu subsequently ruled that the EFCC had proven its case. The court then ordered that the shares be permanently forfeited to the Federal Government in favour of Nigerian Army Properties Limited.

The forfeiture application was filed under Section 44(2)(b) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Fraud Related Offences Act of 2006.

The latest judgement by the Court of Appeal effectively brings to a close Mohammed’s attempt to overturn his conviction and reinforces the earlier disciplinary action taken by the military authorities.