The court of appeal in Abuja has affirmed its earlier ruling which ordered the Kogi state government to pay Simon Achuba, former deputy governor of the state, N1.07 billion as outstanding salaries and allowances.
In a ruling delivered on Tuesday, the court affirmed its position as the final arbiter to hear and determine all labour matters and held that the Kogi state government cannot appeal the matter further to the supreme court.
In its decision, the three-man panel led by Okon Abang dismissed an application by Usman Ododo, governor of Kogi, and the state’s attorney-general, who asked the court to halt enforcement of its earlier rulings in Achuba’s favour.
“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,” Abang said.
Background
Achuba, who was impeached in 2019, had approached the national industrial court of Nigeria (NICN) to demand unpaid salaries, travel allowances, and entitlements. On November 4, 2020, the NICN ruled in his favour.
The state government appealed, but on April 29, 2024, the court of appeal upheld the ruling, confirming Achuba’s right to salaries and allowances in the 2017 and 2018 Kogi state budgets, excluding security votes.
When the government failed to comply, Achuba returned to court. On April 25, 2025, the court of appeal quantified his entitlements at N1,070,860,138.
Instead of paying, the state asked for a stay of execution and sought to approach the supreme court.
Court Warns Against ‘Executive Lawlessness’
In his ruling, Abang stressed that under Section 243(4) of the 1999 Constitution (as amended), the court of appeal is the final court for appeals from the NICN in civil matters.
He described the state’s application as “baseless, unmeritorious, and reckless”, warning against attempts to undermine the rule of law, adding that the applicants’ manoeuvres amount to “executive lawlessness”.
“My Lords, no rigmarole of any sort will save the applicants here,” Abang held.
“I mean no manipulated legal argument will amend the provisions of Section 243(4) of the 1999 Constitution at the whims and caprices of the applicants to enable them have a right of appeal with respect to final decisions of this court in labour-related matters. When the law says the decision of this court is final, there is nothing the applicants can do. It is as clear as daylight.”
“The applicants cannot treat the constitution of this great country with contempt and levity… if the government treats court orders with levity and contempt, the confidence of the citizen in the courts will be seriously eroded, and the effect of that will be the beginning of anarchy.”
Senior Lawyer Sanctioned
The court also sanctioned Adebayo Adedeji, counsel to the Kogi government, for pursuing the appeal. The appellate court ordered him to pay N3 million to Achuba before the state can take any further steps.
“I expected the learned senior counsel to the applicants notwithstanding the juicy nature of the brief, to have taken advantage of the provisions of the Rules of Professional Conduct for Legal Practitioners 2007 and advised them accordingly… compliance with the Constitution should not be seen as cowardice but as maturity and restraint,” the judge ruled.
