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A former Managing Director of Nigerian Army Properties Limited, Maj. Gen. U.M. Mohammed (retd) has asked the Federal High Court in Lagos to set aside the order of final forfeiture granted in favour of the Economic and Financial Crimes Commission, insisting that the 246,305,544 shares in dispute were legitimately acquired.

The EFCC had secured the order on August 26, 2025, claiming the shares, valued at about N5bn, were purchased with funds diverted from fraudulent sales of NAPL properties during Mohammed’s tenure.

The anti-graft agency listed the investments as including 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 EFCC had argued that the forfeiture was made under Section 44(2)(b) of the 1999 Constitution and Section 17 of the Advance Fee Fraud and Other Related Offences Act, 2006.

But in a motion on notice obtained by our correspondent on Sunday, Mohammed contended that the shares did not originate from unlawful activities.

Instead, he maintained that they were purchased years before his appointment as head of NAPL in October 2015.

In an affidavit filed in support of his application, deponent Joseph Effiong said the shares were bought between September 3, 2007, and September 1, 2015.

“He was posted to Nigerian Army Properties Limited as the Managing Director on October 15, 2015, which was shown to me and marked as Exhibit UM2 is the posting history of ex-Maj Gen UM Mohammed.

“The shares listed in schedules A, B and C to the motion ex parte filed on April 29, 2025, do not represent proceeds of any crime or unlawful activities.

“Shares in Schedules A, B and C were purchased between September 3, 2007, and September 1, 2015, long before ex-major general UM Mohammed was posted to NAPL as the managing director,” Effiong said.

The ex-general is also challenging the forfeiture on procedural grounds, alleging that his affidavit to show cause filed on July 29 was ignored and that he was denied a fair hearing when the case, initially fixed for October 8, was brought before a vacation judge without notice to him or his counsel.

“That the final forfeiture order, having been granted in favour of Nigerian Army Properties Limited, is not in compliance with the provisions of Section 17 (1) Advanced Fee Fraud and Other Related Fraud Offences Act, 2006. The matter was initially adjourned to the 8th October 2025 for the hearing of the application for final forfeiture by Justice C.J. Aneke.

“That there was no urgency for the case to be transferred to any vacation judge. That no notice or communication whatsoever was given to the applicant or his counsel.

“Non-service of hearing notice is a denial of the constitutional right of the party interested to a fair hearing/fair trial. The final forfeiture order was made in ignorance of the affidavit to show cause date and file on July 29. The affidavit to show cause was not considered, “ he said.

He also alleged that the EFCC in the substantive suit failed or neglected to file an application for a final forfeiture order more day 60 days after the interim order was made by the court on May 7, 2025, in the Crime (Recovery and Management) Act, 2022.

“The mandatory procedure for final forfeiture order under Section 17(1) requires any party interested in the property to show cause within 14 days of non-compliance, “ he alleged.

Mohammed is seeking an order setting aside the entire proceedings in Suit No: FHC/L/MISC/404/ and the final forfeiture of the shares.

The court has yet to fix a date for hearing Mohammed’s application.