Court Fines Abacha's Former CSO, Al-Mustapha, Reason Emerges
- The Court of Appeal in Abuja ruled on an appeal filed by former military officer Major Hamza Al-Mustapha over an Asokoro property dispute
- Al-Mustapha had sold the Asokoro property to Al-Nuri Properties Limited for about N100 million but later described the deal as a loan
- A three-member panel of justices found that Al-Mustapha, a former CSO to late General Sani Abacha, failed to show sufficient grounds for the delay in pursuing his appeal
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The Court of Appeal, Abuja Division, has thrown out an appeal by former Chief Security Officer to the late Head of State, General Sani Abacha, Major Hamza Al-Mustapha, in a property dispute centred on a plot of land in the Asokoro District of the Federal Capital Territory.
Justice Okon Abang delivered the unanimous decision of a three-member panel on Monday, September 14, 2026, dismissing the appeal marked CA/ABJ/PRE/ROA/CV/1439M2/2025 for lacking in merit. The court additionally ordered Al-Mustapha to pay N1 million in costs to the sole respondent, Al-Nuri Properties Limited.
Source: Twitter
Background to Al-Mustapha's Asokoro property dispute
The Nigerian Tribune reported that the dispute traced back to a transaction in which Al-Mustapha reportedly sold the Asokoro property to the real estate firm for around N100 million. After the value of the land rose, Al-Mustapha sought to reclaim it, characterising the original deal as a loan rather than a sale and offering to return the purchase sum. Al-Nuri Properties declined, and on March 16, 2020, the firm filed a suit to assert its ownership of the property.
The High Court of the FCT sitting in Zuba entered a default judgment in favour of Al-Nuri Properties on June 16, 2023, as Al-Mustapha's legal team was not represented during the proceedings. He then returned to the same court on April 15, 2024, to seek a reversal of that ruling, but the trial court dismissed his application on September 24, 2025. By that point, the deadline to appeal the original 2023 judgment had already passed on September 15, 2024.
Why Court of Appeal rejected Al-Mustapha's request
Al-Mustapha then sought the Court of Appeal's permission for an extension of time to challenge the June 2023 ruling. The appellate court found his application unconvincing. Justice Abang said the appellant had not offered adequate justification for missing the appeal window, noting that his conduct throughout the case suggested a lack of genuine engagement with the proceedings. The panel described his belated approach to the appellate court as "doing the right thing at the wrong time."
The court rejected Al-Mustapha's argument that his legal counsel had abandoned the matter, finding that explanation insufficient to excuse his repeated absence from hearings. Justice Abang held that "where there is no excuse, indulgence should not be granted," and added that given his failure to honour hearing notices at the trial court, there was little basis to believe he would do so even if the extension were granted.
The panel also ruled that Al-Mustapha's right to a fair hearing had not been violated, and that whatever procedural disadvantage he suffered was a consequence of his own inaction.
The Court of Appeal's ruling on Al-Mustapha's property dispute was reported on X by the Nigerian Tribune:
Al-Mustapha speaks on Abacha's death
Legit.ng earlier reported that Major Hamzat Al-Mustapha disputed a retired DSS official's account of how General Sani Abacha died in June 1998.
The claim, published in a new 348-page book by Dennis Amachree, alleged Abacha suffered a cardiac arrest during intimacy with a Nigerian pharmacist.
Al-Mustapha said unnamed individuals scripted the account and insisted he has CCTV footage of Abacha's final moments.
Proofreading by Funmilayo Aremu, copy editor at Legit.ng.
Source: Legit.ng
