The Court of Appeal in Abuja has dismissed an attempt by the Kogi State Government to block the payment of over ₦1 billion in outstanding salaries and entitlements to the state’s former Deputy Governor, Elder Simon Achuba, who was unlawfully impeached in 2019.
A three-member panel of justices; Hamma Barka, Okon Abang and Oyejoju Oyewumi unanimously ruled against the state government’s request to escalate the matter to the Supreme Court.
In the lead judgment, Justice Okon Abang emphasized that the Court of Appeal is the final arbiter in civil cases emanating from the National Industrial Court, citing Section 243(4) of the 1999 Constitution (as amended).
Justice Abang stated unequivocally that Kogi State lacked any legal basis to take the case further and described the government’s move as frivolous, baseless, irritating and unwarranted.
He criticized the legal action led by Senior Advocate of Nigeria (SAN), Adebayo Adedeji, stating that a lawyer of his standing should have advised his client more responsibly.
As a consequence, the court imposed a ₦3 million fine on Mr. Adedeji, ordering him to pay the sum to Achuba.
“I expected the learned senior counsel to the applicants, notwithstanding the juicy nature of the brief, to have taken advantage of the Rules of Professional Conduct for Legal Practitioners and advised them accordingly,” Abang said.
“Compliance with the Constitution should not be seen as cowardice but as maturity and restraint.”
Kogi State Governor, Ahmed Usman Ododo and the Attorney-General had approached the Appeal Court through their counsel, asking it to halt execution of the earlier judgment which awarded Achuba more than ₦1 billion in unpaid earnings.
They argued that no payment should be made until the Supreme Court had ruled on the matter.
However, Justice Abang rejected this request, saying “The decision of this court is final. When the law says the decision of this court is final, there is nothing the applicants can do. It is as clear as daylight.”
Achuba had earlier secured a favorable ruling from the National Industrial Court (NICN) on November 4, 2020, which directed the Kogi State Government to pay him his unpaid salaries, travel allowances and other entitlements, though excluding security votes.
The Industrial Court found merit in his claims after his impeachment in 2019.
Dissatisfied, the Kogi government challenged the judgment, but the Court of Appeal on April 29, 2024, affirmed Achuba’s legal right to be paid for the years 2017 and 2018.
Despite that ruling, the state government filed a new motion seeking to stop the enforcement and pursue the case further to the Supreme Court, a request the Court of Appeal has now firmly rejected.
Justice Abang cautioned the state government against “executive lawlessness”, reinforcing that the judicial process must be respected and that the appellate court’s ruling is final and binding.
