A former Managing Director of Nigerian Army Properties Limited (NAPL), U.M. Mohammed, a retired Major-General, has urged the Federal High Court in Lagos to set aside the order of final forfeiture granted in favour of the Economic and Financial Crimes Commission (EFCC) over 246,305,544 shares allegedly linked to him.
In a motion on notice filed before the court by his lawyer, Lekan Ojo (SAN), Mohammed argued that the order was obtained in breach of his constitutional right to fair-hearing.
He said neither he nor his counsel was served with hearing notice before the proceedings that led to the final forfeiture.
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“The non-service of hearing notice is a denial of the constitutional right of the party interested to fair hearing and fair trial,” the motion stated.
Through an affidavit deposed to by Joseph Effiong, Mohammed maintained that an affidavit to show cause, filed on July 29, was before the court but was not considered before the final forfeiture order was made.
He added that the EFCC failed to comply with the mandatory provisions of Section 17 of the Proceeds of Crime (Recovery and Management) Act, 2022, which require interested parties to be heard.
According to him, the anti-graft agency also failed to file its application for a final forfeiture order within 60 days after the interim order was made on May 7, 2025.
He contended that the case, earlier adjourned to October 8, 2025, was hurriedly transferred to a vacation judge without any notice or communication to him or his counsel.
Mohammed is seeking an order of court setting aside the entire proceedings in Suit No: FHC/L/MISC/404/ conducted on August 26, including the order of final forfeiture of the shares.
He also insisted that the shares in question were not proceeds of crime. “The shares listed in Schedules A, B and C to the Motion Ex-Parte filed on April 29, 2025, were purchased between September 3, 2007, and September 1, 2015, long before ex-Major General UM Mohammed was posted to NAPL as managing director,” Effiong stated in the affidavit.
Daily Trust reports that the retired general, who was posted to NAPL as Managing Director on October 15, 2015, argued that the investments predated his appointment.
The EFCC had earlier announced that the forfeited shares included substantial holdings in Cadbury Nigeria Plc, Conoil Plc, Dangote Sugar Refinery Plc, Eterna Plc, Flour Mills Plc, Japaul Gold & Ventures Plc, NASCON Allied Industries Plc, Oando Plc, University Press Plc and Vitafoam Nigeria Plc.
The commission claimed the assets were acquired with proceeds from the fraudulent sale of NAPL properties, diverted into private accounts and disguised through investments in blue-chip companies.
It said the forfeiture was granted pursuant to Section 44(2)(b) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.
No date is yet to be fixed for the hearing on Mohammed’s application.
