Ex Army Director Challenges N5bn Shares Forfeiture In Court

A former group managing director of Nigerian Army Properties Limited, Umar Mohammed, has asked a federal high court in Lagos to cancel the final forfeiture order granted against his assets worth more than N5 billion.

The order, which was issued on Tuesday by Justice Dehinde Dipeolu, followed an application by the Economic and Financial Crimes Commission. The EFCC had sought permanent forfeiture of 245,568,137 shares linked to Mohammed and businessman Kayode Filani, insisting the investments were acquired with proceeds of crime.

Counsel to the commission, Hanatu Kofanaisa, told the court that Mohammed had already been convicted by a special court martial on multiple counts of stealing and related offences. She added that all required conditions were met, including the publication of the interim forfeiture order in a national newspaper without objection before the ruling.

But in a new motion filed on Friday, Mohammed’s legal team led by Olalekan Ojo argued that the proceedings were flawed. He noted that the case was already pending before another judge and was adjourned to October 8 for hearing, yet was suddenly taken up by a vacation judge without any formal application or approval.

The former army official also claimed his right to fair hearing was denied, stating he was not served with any hearing notice before the court delivered the final order. He maintained that the court failed to consider his motion and affidavits filed on July 29 in opposition to the forfeiture request.

Mohammed further pointed to procedural lapses, arguing that the EFCC filed its application for final forfeiture beyond the 60-day window allowed by law after the interim order was issued on May 7. He insisted that the preservation order on which the forfeiture was based had expired on July 6 without any extension granted by the court.

He also maintained that the final forfeiture order, which transferred the assets to Nigerian Army Properties Limited, was not in line with provisions of the Proceeds of Crime Act and the Advanced Fee Fraud Act.

Mohammed is now asking the court to nullify the August 26 ruling, restore his filings from July 29, and order that the matter be heard afresh.