The Court of Appeal, Abuja Division, has dismissed an appeal filed by former military officer, Major Hamza Al-Mustapha, in a long-running dispute over a property located in the Asokoro District of the Federal Capital Territory (FCT).
Al-mustapha had, in the appeal, requested for extension of time to appeal a decision of a High Court of the Federal Capital Territory (FCT) in respect of a decision of the court on the said property located in the highbrow area of Abuja.
A unanimous ruling of the three-member panel of justices of the appealate court, delivered by Justice Okon Abang on Monday, dismissed the appeal, marked CA/ABJ/PRE/ROA/CV/1439M2/2025, for lacking in merit.
The court also awarded N1 million in cost against Al-Mustapha in favour of Al-Nuri Properties Limited, the sole respondent in the appeal.
The matter is in respect of a landed property located at Asokoro which the appellant purportedly sold to the estate company for around N100 million and later had a rethink after the value of the property appreciated.
Al-Mustapha described the transaction as a ‘loan’ with the resolve to return the sum for the sale. The property firm declined the offer, and this resulted in litigation instituted by the firm on March 16, 2020 to lay claim to the property.
At the High Court of the FCT sitting in Zuba, the property firm got a default judgment on June 16, 2023 because Al-Mustapha’s legal team was not heard.
Coming on the heels of the High Court decision, Al-Mustapha on April 15, 2024 approached the same High Court in a quest to set aside its earlier decision. But on 24th September 2025, the trial court delivered its judgment dismissing his case.
Meanwhile, the window to appeal the June 16, 2023 judgement lapsed on September 15, 2024.
In its reasoning, the Court of Appeal faulted Al-Mustapha for failing to demonstrate sufficient grounds for the delay in pursuing his appeal and for not showing adequate interest in the matter during earlier stages of the proceedings.
Justice Abang, in the judgment, described the appellant’s subsequent approach to the Court of Appeal as an action that amounts to “doing the right thing at the wrong time.”
The Court held that Major Al-Mustapha, former Chief Security officer to the late Head of State , General Sani Abacha should have shown convincing reason for failing to appeal the June 2023 judgment within time to warrant granting his request for extension of time to appeal.
The three-member panel of justices of the appellate court held that, Major Al-Mustapha had failed to show genuine interest in the case throughout, adding that, the excuse that his legal counsel abandoned proceedings was not convincing.
Justice Abang therefore said “where there is no excuse, indulgence should not be granted” and further held that as the Appellant failed to honour the hearing notices at the trial court, it is therefore doubtful he will do so if granted the request for extension of time.
The Court said Major Al-Mustapha’s rights of fair hearing has not been breached, and that anything that looks as such is self-inflicted and
dismissed his request for extension of time to appeal the June 2023 decision for lacking merit.
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