*Awards ₦1m Costs
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The Court of Appeal in Abuja has dismissed an application by Major Hamza Al-Mustapha (retd.) seeking an extension of time to appeal a 2023 judgment of the High Court of the Federal Capital Territory over a disputed property in Asokoro, Abuja.
A three-member panel of the appellate court, in a unanimous decision delivered on Monday, held that Al-Mustapha failed to provide sufficient reasons to justify the court exercising its discretion in his favour.
In the lead judgment read by Justice Okon Abang, the Court of Appeal also ordered Al-Mustapha to pay ₦1 million in costs to Al-Nuri Properties, the sole respondent in the matter.
The dispute arose from a property in Asokoro which Al-Mustapha reportedly sold to Al-Nuri Properties for about ₦100 million. He later sought to reclaim the property after its value appreciated, contending that the transaction was not an outright sale but a loan arrangement under which he intended to refund the money paid.
Al-Nuri Properties rejected that position and subsequently instituted an action on March 16, 2020, seeking to establish its claim over the property.
The FCT High Court sitting in Zuba later 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 immediately appeal the 2023 judgment, Al-Mustapha returned to the same High Court on April 15, 2024, asking it to set aside the earlier decision.
The trial court dismissed that application in a judgment delivered on September 24, 2025. By then, the period within which Al-Mustapha was entitled to appeal the June 16, 2023 judgment had elapsed, with the deadline stated to have expired on September 15, 2024.
Al-Mustapha subsequently approached the Court of Appeal seeking an extension of time within which to challenge the 2023 judgment.
The appellate court, however, faulted his conduct in the proceedings before the trial court and held that he had not shown sufficient interest or diligence to warrant the indulgence sought.
Justice Abang noted that the record showed that Al-Mustapha failed to honour several hearing notices issued during the proceedings at the High Court.
The court also rejected his explanation that his lawyer had abandoned the case, holding that the excuse was insufficient to explain his failure to take the necessary steps within the time prescribed by law.
Justice Abang described the situation as one of “doing the right thing at the wrong time.”
The Court of Appeal held that Al-Mustapha ought to have given a convincing explanation for failing to appeal the June 2023 judgment within the stipulated period.
The panel further observed that his failure to attend proceedings before the trial court raised doubts as to whether he would diligently participate in the substantive appeal if the extension was granted.
On his allegation of denial of fair hearing, the appellate court held that there had been no breach of his right to fair hearing, adding that any circumstances resembling such a denial were self-inflicted.
Justice Abang held that an applicant who fails to provide a reasonable explanation for his conduct is not entitled to the discretionary indulgence of the court.
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 Head of State, General Sani Abacha.
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