Umar Mohammed, former Group Managing Director of the Nigerian Army Properties Limited (NAPL), has approached a federal high court in Lagos seeking to set aside a final forfeiture order issued against his assets, valued at over N5 billion.
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The order, granted on Tuesday by Justice Dehinde Dipeolu, followed a request by the Economic and Financial Crimes Commission (EFCC) for the forfeiture of 245,568,137 shares linked to Mohammed and businessman Kayode Filani. The EFCC alleged that the shares were purchased with the proceeds of crime.
EFCC counsel Hanatu Kofanaisa told the court that Mohammed had been convicted by a special court martial on 14 out of 18 counts related to stealing and other offences, and that all statutory conditions for final forfeiture, including the publication of the interim order, had been satisfied.
However, in a motion on notice filed on Friday, Mohammed, through his legal team led by Olalekan Ojo, challenged the final forfeiture proceedings and order. He contended that the case was already pending before another judge, and that there was no application or approval for it to be heard by a vacation judge.
Mohammed further argued that he was denied fair hearing, claiming he was not served notice before the final forfeiture proceedings. “Non-service of hearing notice is a denial of the constitutional right of the party interested to fair hearing/fair trial,” the motion reads.
He also noted that the EFCC failed to file the final forfeiture application within the 60-day period mandated under the Proceeds of Crime (Recovery and Management) Act, 2022, and that the preservation order underpinning the interim forfeiture had expired without an application for extension.
Additionally, Mohammed argued that the final forfeiture order in favour of NAPL was not in compliance with Section 17(1) of the Advanced Fee Fraud and Other Related Fraud Offences Act, 2006.
Consequently, the applicant is asking the court to set aside all proceedings in Suit No: FHC/L/MISC/404/2025 conducted on 26th August 2025, including the order for final forfeiture of the shares. He is also seeking a fresh hearing of his motion on notice and affidavit filed on July 29, 2025.
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