… Mohammed heads to S’ Court praying it to set aside judgements
The Court of Appeal in Abuja has upheld the conviction and sentencing of an Ex-Major General Umaru Mallam Mohammed to seven years imprisonment in 2023 by Army Special Court Martial.
The Appellate Court also upheld Special Court Martial order that the convict should refund $2,099,700 and N1,650,172,000.00 to Nigerian Army Properties Limited.
Special Court Martial had convicted Mohammed to seven years jail terms on each of six count charge upon which he was found guilty. The Court of Appeal agreed on the sentences and that it should run concurrently.
But, former Major General Mohammed disagreed with the decision and has applied for leave to appeal some aspects of the judgement at the Supreme Court.
Mohammed, who served as Managing Director of the company and was also one of Nigerian Army Properties Limited shareholders, is claiming that all financial decisions and expenditures were carried out under the directives of the then Chief of Army Staff, who also served as the company’s Chairman.
“Speaking on the circumstances surrounding the trial, Mohammed compared his situation to the famous remark attributed to former Minister of Transport, Alhaji Umaru Dikko, following the 1983 military coup. He said the situation was akin to “holding the conductor responsible for a bus accident while the driver goes free,” suggesting that he was being punished for actions taken under superior instructions.”
Mohammed is also aggrieved that the Special Court Martial convicted him while, according to him, the superior officer who allegedly issued the directives was not prosecuted. He described the proceedings as being marked by intrigue and a witch-hunt, expressing confidence that the Supreme Court would ultimately clear his name.
According to the Certified true copy of Court of Appeal judgment delivered on February 9, 2026, made available to the press on April 8, the appellate court upheld the appellant conviction.
The three -member panel of the appellate court comprising Justices Abba Bello Mohammed, Okon Efreti Abang and Eberechi Suzzette Nyeson-Wike dismissed the appellant appeal.
Ex – Major General Mohammed rattled by the decision of Special Court Martial had challenged both the jurisdiction of the Special Court Martial and the validity of its verdict.
Mohammed was tried and convicted by the Special Court Martial on October 10, 2023 for offences bordering on stealing and criminal misappropriation of Nigerian Army Properties Limited funds. He was dismissed from the Nigerian Army, sentenced to imprisonment and ordered to refund $2,099,700 and N1,650,172,000.00 to Nigerian Army Properties Limited.
Dissatisfied with the ruling, the Ex-Major General approached the Court of Appeal on February 12, 2025 in an Appeal marked CA/ABJ/CR/383/2025. In his appeal he argued that his conviction was not founded on sufficient, credible, reliable and compelling evidence.
The three-member appellate panel dismissed his claims and ruled that the evidence during the court martial hearing clearly established the offences for which he was convicted.
According to the Certified judgment issued on March 2, 2026, the appellate court held that the Special Court Martial acted correctly in rejecting the Ex-General’s defence which it described as inconsistent and unreliable.
The court cited contradictions in Mohammed’s testimony and held that while he claimed Nigerian Army Properties Limited never operated berthing services, documentary records authored by him indicated otherwise. The justices held that such unexplained inconsistencies undermined his credibility.
Consequently, the Court of Appeal affirmed the conviction and the sentences imposed by the Special Court Martial on all counts except those relating to forgery.
The judgment clears the way for Nigerian Army Properties Limited to recover the misappropriated and stolen funds from the dismissed senior military officer.
The judgment is being viewed as a significant affirmation of accountability within the Nigerian military justice system and a major step towards recovering the stolen funds.
Not yet
a victory for the Nigerian Army as Mohammed dissatisfied with the judgment has approached the Supreme Court through his counsel to set aside the judgement.