Kogi State Government and Attorney General have filed an appeal at the Supreme Court, challenging a Court of Appeal ruling that ordered them to pay Elder Simon Achuba, former Deputy Governor, N1,070,860,138 in unpaid salaries, travel allowances, and statutory allocations.
The appeal, lodged under suit number CA/ABJ/PRE/ROA/CV/1053M1/24, contests the appellate court’s jurisdiction and the validity of the award.
The dispute stems from a 2020 judgment of the National Industrial Court in suit number NICN/ABJ/244/2019, which affirmed Achuba’s entitlement to statutory benefits as Deputy Governor between 2017 and 2019. In an earlier decision on April 29, 2024 (CA/ABJ/CV/30/2021), the Court of Appeal upheld aspects of the trial court’s ruling but set aside a ₦200 million security vote award and dismissed claims for imprest and personal expenses as lacking merit.
However, on April 25, 2025, a panel of the Court of Appeal presided over by Justices Joseph Oyewole, Peter Obiorah, and Okon Abang granted Achuba’s enforcement application, awarding him over ₦1.07 billion—an amount the appellants argue was not part of any prior judgment and was unilaterally calculated.
Represented by J.B. Daudu, SAN, the appellants raise six grounds of error in their appeal to the Supreme Court. They argue, among other things, that:
The Court of Appeal lacked jurisdiction to enforce its own judgment, as it is not a court of first instance. They cite Section 243 of the 1999 Constitution, which limits the appellate court’s jurisdiction to appeals from lower courts.
The ₦1.07 billion figure was not specified in any previous court ruling, rendering the court functus officio—meaning it had no authority to revisit or enforce the decision.
A declaratory judgment, such as the one delivered in Achuba’s favor, is not enforceable without a specific monetary award.
According to Nigerian legal precedent, such declaratory reliefs require further judicial steps, such as an order of mandamus, to be executable.
The appeal also disputes the court’s assumption that the appellants did not contest the ₦1.07 billion figure.
The appellants argue that their primary objection was on jurisdictional grounds, not the amount. They note that Achuba’s cross-appeal for imprest and allowances was dismissed, and the entitlements upheld merely reaffirmed the National Industrial Court’s original, unchallenged findings — which did not include a liquidated sum.
Accordingly, the appellants are asking the Supreme Court to set aside the April 25, 2025 ruling for lack of jurisdiction and grant any other reliefs the court deems appropriate under Section 22 of the Supreme Court Act.
Achuba, who initially sued Governor Yahaya Bello in 2019 over alleged arrears totaling ₦819 million, is represented by renowned rights lawyer Femi Falana, SAN.
The case has reignited discussions on governance and public officer entitlements in Kogi State, with analysts noting that appeals from the National Industrial Court end at the Court of Appeal, and questioning why the lawyers are heading to the Supreme Court.
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