The Nigerian Army says Sunday says, the erstwhile Group Managing Director (GMD) Nigerian Army Properties Limited (NAPL) Major General UM Mohammed is being court marshalled over alleged offences of theft of various sums of money belonging to NAPL and forgery.
The army said Major General Mohammed was indicted by a military police investigation and recommended for trial.
Director army public relations Brig.- Gen Onyema Nwachuckwu who stated this in a statement on Sunday, said the offences are punishable under the provisions of various extant penal Laws in Nigeria.
According to the statement, Maj Gen 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.
He said the Court Martial has progressed to an advanced stage, as the prosecution has put forward the evidence against General Mohammed and closed its case.
“The accused senior officer has opened his defence and is testifying as Defence Witness One (DW1).
“To set the records straight, 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.
“The details of the outcome of the Court Martial will be provided at the end of the Court Martial proceedings.
“However, it is instructive to point out, that 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,” it noted.
The army spokesperson however, denied report by Sahara Reporters that the trial is shrouded in secrecy.
“Court Martials like all other criminal trials are held in the open.
“The trial of Major General UM 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 UM 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.
“It is worthy of note that General Mohammed is being defended by a legal team comprising 2 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,” the statement read.
