A retired Major-General and former Managing Director of Nigerian Army Properties Limited (NAPL), U.M. Mohammed, has approached the Federal High Court in Lagos seeking to overturn a final forfeiture order secured by the Economic and Financial Crimes Commission (EFCC) over shares worth N5 billion allegedly linked to him.
In a motion filed by his legal counsel, Lekan Ojo (SAN), the retired general argued that the court order was obtained without granting him a fair hearing, claiming that neither he nor his lawyer received any notice of the proceedings that led to the forfeiture.
“The failure to serve hearing notice amounts to a violation of the constitutional right to fair hearing,” the motion read.
According to an affidavit deposed to by Joseph Effiong, Mohammed stated that an affidavit showing cause, which he submitted on July 29, 2025, was before the court but was ignored during the August 26 sitting when the final forfeiture was granted.
Mohammed also accused the EFCC of not adhering to Section 17 of the Proceeds of Crime (Recovery and Management) Act, 2022, which mandates that interested parties be given an opportunity to be heard.
He further pointed out that the commission failed to apply for the final forfeiture order within the 60-day window following the interim order issued on May 7, 2025.
The retired general questioned why the case, which had been adjourned to October 8, was abruptly reassigned to a vacation judge without prior notice to him or his legal team.
He is seeking a court order to nullify all proceedings held on August 26, including the forfeiture order, in Suit No: FHC/L/MISC/404/.
Mohammed maintains that the shares in question were not acquired through fraudulent means, asserting that the investments spanning companies such as Cadbury Nigeria Plc, Conoil Plc, Dangote Sugar Refinery Plc, and others, were made between 2007 and 2015, well before he assumed leadership of NAPL in October 2015.
The EFCC, however, alleged that the shares were purchased with funds illicitly diverted from the sale of NAPL properties and laundered through investments in blue-chip firms.
The agency secured the forfeiture order under Section 44(2)(b) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.
The court has yet to fix a date for hearing Mohammed’s application.
