Court of Appeal Rejects Al-Mustapha’s Bid to Reopen Asokoro Property Case

The Court of Appeal sitting in Abuja has dismissed Major Hamza Al-Mustapha’s application seeking an extension of time to appeal a judgment of the Federal Capital Territory High Court concerning a property in Asokoro, Abuja.

The three-member panel, in a judgment delivered on Monday by Justice Okon Abang, held that the application lacked merit and failed to establish sufficient reasons for the delay in pursuing the appeal.

The court subsequently awarded ₦1 million in costs against Al-Mustapha in favour of Al-Nuri Properties, the sole respondent in the case. The ruling has also been reported by The PUNCH and Nigerian Tribune.

The dispute centres on an Asokoro property which Al-Mustapha was said to have transferred to Al-Nuri Properties for about ₦100 million. However, he later challenged the transaction, describing the money he received as a loan rather than proceeds from an outright sale and indicating his willingness to refund the amount.

Al-Nuri Properties reportedly rejected the proposed refund, prompting the company to institute legal proceedings on March 16, 2020, seeking to establish its claim over the property.

The FCT High Court sitting in Zuba subsequently entered a default judgment on June 16, 2023, after Al-Mustapha failed to have legal representation at the proceedings.

Following the judgment, Al-Mustapha returned to the same High Court on April 15, 2024, seeking to have the earlier decision set aside. However, the trial court dismissed his application on September 24, 2025.

By then, the statutory period within which he could appeal the June 2023 judgment had already expired. The deadline for appealing that decision was September 15, 2024.

In rejecting the request for an extension, the Court of Appeal faulted Al-Mustapha for failing to demonstrate sufficient interest in the case while it was before the trial court. The panel noted that the records showed he had failed to attend proceedings despite hearing notices being issued.

Justice Abang reportedly described the situation as “doing the right thing at the wrong time,” stressing that an applicant seeking an extension of time must provide a convincing explanation for failing to act within the prescribed period.

The court also rejected the argument that Al-Mustapha’s lawyers had abandoned the proceedings, holding that the explanation did not provide adequate justification for the prolonged delay.

The appellate court further held that there was no basis for claiming that Al-Mustapha’s right to fair hearing had been violated. According to the judgment, any appearance of such a violation was largely attributable to his own failure to participate in the proceedings.

The Court of Appeal consequently dismissed the application as lacking merit and amounting to an abuse of court process.

Al-Mustapha, a former Chief Security Officer to the late military Head of State, General Sani Abacha, served in that position from 1993 until Abacha’s death in June 1998. He was later compulsorily retired from the Nigerian Army while holding the rank of Major.