The Court of Appeal in Abuja has dismissed an application by Major Hamza Al-Mustapha (retd.) seeking an extension of time to appeal a judgment of the Federal Capital Territory High Court concerning a property in Asokoro, Abuja.
The Independent Mirror reports that in a unanimous decision delivered on Monday, the three-member panel held that Al-Mustapha failed to provide sufficient reasons to justify granting his request. The court also ordered him to pay N1 million in costs to Al-Nuri Properties, the sole respondent in the appeal.
The dispute centres on a property in Asokoro which Al-Mustapha reportedly sold to Al-Nuri Properties for about N100 million. He later sought to reclaim the property after its value increased, describing the transaction as a loan and maintaining that he intended to refund the money paid for it.
Al-Nuri Properties rejected the offer, prompting the company to file a suit on March 16, 2020, seeking to establish its ownership claim over the property.
The FCT High Court sitting in Zuba subsequently entered a default judgment in favour of the property company on June 16, 2023, after Al-Mustapha’s legal team failed to participate in the proceedings.
Rather than appeal the judgment within the prescribed period, Al-Mustapha returned to the same court on April 15, 2024, asking it to set aside the earlier decision.
However, the trial court dismissed his application in a judgment delivered on September 24, 2025. By then, the statutory period for appealing the June 16, 2023 judgment had already expired, with the deadline having been September 15, 2024.
Dissatisfied with the decision, Al-Mustapha approached the Court of Appeal, seeking an extension of time to challenge the 2023 judgment.
In the lead judgment, read by Justice Okon Abang, the appellate court held that Al-Mustapha failed to demonstrate sufficient interest in the proceedings before the trial court.
Justice Abang noted that the records showed that Al-Mustapha failed to honour several hearing notices issued during the proceedings. The court also rejected his explanation that his legal counsel had abandoned the case, ruling that the excuse was insufficient to justify the delay.
The judge described Al-Mustapha’s conduct as “doing the right thing at the wrong time,” stressing that he ought to have provided a convincing explanation for failing to appeal the 2023 judgment within the prescribed period.
The panel further held that his failure to attend proceedings at the trial court raised doubts about whether he would actively participate in the case if granted an extension of time.
On the allegation that he was denied a fair hearing, the Court of Appeal ruled that his right to fair hearing had not been breached. It added that any circumstance that could be regarded as a breach was self-inflicted.
Justice Abang held that an applicant who fails to provide a reasonable explanation for his conduct is not entitled to the court’s indulgence.
The Court of Appeal consequently dismissed the application for extension of time, describing it as lacking in merit and amounting to an abuse of court process.
Al-Mustapha served as Chief Security Officer to the late military ruler, General Sani Abacha.
