The Army Headquarters has said former group managing director (GMD) of the Nigerian Army Properties Limited (NAPL), Major General U.M. Mohammed, is facing trial at a military court martial over alleged offences of theft of various sums of money belonging to NAPL and forgery.
The director, army public relations, Brig-Gen Onyema Nwachukwu, revealed this in a reaction to an online report on the ongoing court martial process of Gen Mohammed who was indicted by a military police investigation and recommended for trial.
He said the court martial has progressed to an advanced stage, as the prosecution has put forward the evidence against Mohammed and closed its case, adding that the accused senior officer has also opened his defence and is testifying as defence witness one (DW1).
“For the avoidance of doubts, without being sub-judicial, the former GMD NAPL is facing trial in relation to alleged offences of theft of various sums of money belonging to NAPL and forgery. These are all acts declared as offences punishable under the provisions of various extant penal Laws in Nigeria,” he said.
He explained that upon investigation and indictment of the accused senior officer by military police investigations, the Army Headquarters convened a Special Court Martial to try the senior officer as a procedure to legally recover the sums of money he allegedly fraudulently acquired from the coffers of NAPL during his tenure as GMD.
He stated that details of the outcome of the court martial will be provided at the end of the court martial proceedings.
He said the court martial trials are lawfully provided in the Armed Forces Act (AFA) as one of the disciplinary tools in the Armed Forces.
The Court of Appeal and Supreme Court have in multiple instances validated the procedures, findings, and sentences of court-martial. “Court Martials like all other criminal trials are held in the open,” he said.
The Army spokesman said the trial of Mohammed is taking place at the Army Headquarters Command Officers’ Mess, Asokoro, Abuja and “not shrouded in secrecy as being wrongly insinuated. The trial has been open and the defence has presented adequate representation in court. The accused senior officer’s family members, friends, and associates attend and observe the court proceedings till date, without hindrance.”
“It is factual that Maj Gen U.M. Mohammed ought to have proceeded on retirement, however, provisions of the Armed Forces Act (specifically Section 169) permits the retention in service of such a personnel, who has pending disciplinary case(s) to allow extant legal processes.
“Furthermore, it is also a fact that members of the Special Court Martial trying Maj Gen Mohammed are all junior to him. This is permissible in special circumstances, as the Armed Forces Act provides for this contingency in Section 133(7), where the Convening Officer is required to obtain the consent of an appropriate superior to appoint any such officers as members of the court. The requisite consent was obtained before convening the Special Court Martial trying the accused senior officer” he explained.
The statement noted that General Mohammed is being defended by a legal team comprising two Senior Advocates and 6 lawyers, including a retired military officer.
“He is currently being detained at a military location purpose-built for such detention, where the rights and well-being of such detainees are given prime consideration. Though at the onset of the trial, Maj Gen Mohammed requested to be granted bail inter-alia on health grounds, the Court in considering the bail application, took cognisance of the humongous amount of monies allegedly stolen in the indictment, which could encourage the accused senior officer to abscond. The court therefore, declined the application for bail.
“The court however, granted visitation rights to some family members, including his two wives, son, daughter, and brother as requested by the accused officer. These persons have been visiting him regularly at the detention facility,” he said.
On the issue of the accused senior officer’s health; he said, “As with all other court martial trials, Maj Gen Mohammed’s state of health is examined daily to determine his fitness to stand trial before the commencement of proceedings for the day.”
He added that the holding facility where he is detained is serviced by the Army Command and NAOWA Hospital and these medical facilities are open to him whenever required.
He cautioned that it is inappropriate and amounts to unlawful interference with the administration of justice to peddle inaccurate reports and comments on a matter currently under judicial adjudication (sub-judice).
