Appeal Court Shuts Down Kogi Govt’s Bid to Block ₦1bn Payout to Ex-Deputy Governor Achuba

The legal bid by the Kogi State Government to halt the payment of over ₦1 billion in outstanding salaries and entitlements to its former Deputy Governor, Elder Simon Achuba, has been dismissed by the Court of Appeal in Abuja. A three-member panel comprising Justices Hamma Barka, Okon Abang, and Oyejoju Oyewumi unanimously ruled that the government had no legal grounds to pursue the case further at the Supreme Court, as civil matters arising from the National Industrial Court end at the appellate level.

Delivering the lead judgment, Justice Okon Abang strongly criticized the Kogi State Government’s request, labeling it as frivolous, baseless, and irritating. He also reprimanded the government’s counsel, Senior Advocate of Nigeria (SAN) Adebayo Adedeji, for presenting such an application, emphasizing that a lawyer of his standing should have advised his client based on clear constitutional limitations. The court consequently imposed a ₦3 million fine on the SAN, payable to Elder Achuba.

Justice Abang emphasized that the appellate court’s decision is final in this context, citing Section 243(4) of the 1999 Constitution (as amended). He stated that no further legal steps could be taken by the state on this matter and criticized the attempt as a display of executive lawlessness. He added that compliance with constitutional provisions should be seen as maturity, not weakness.

Elder Achuba, who was impeached in 2019, had approached the National Industrial Court seeking payment of his withheld salaries and allowances for 2017 and 2018. The court ruled in his favor in November 2020. The Kogi government appealed the decision, but the Court of Appeal upheld the ruling in April 2024. Instead of complying, the government returned to the appellate court with a fresh application to delay enforcement and seek Supreme Court review—an action the court has now decisively shut down.