The Court of Appeal in Abuja has unequivocally halted the Kogi State Government's attempt to escalate its protracted salary dispute with former deputy governor Simon Achuba to the Supreme Court. In a decisive ruling delivered on Tuesday, a three-member panel comprising Justices Hamma Barka, Okon Abang, and Oyejoju Oyewumi firmly dismissed an application filed by Governor Usman Ododo and the state’s Attorney-General. This application sought a stay of execution of earlier judgments that had been rendered in Mr. Achuba’s favour, underscoring the appellate court’s final authority in such matters.

During the hearing, the legal team representing the applicants included Senior Advocates of Nigeria (SAN) Adedayo Adedeji, alongside Precious Andrew, E.C. Onyekwere, and A. Ibe. Mr. Achuba was represented by his counsel, Samuel Ogala. Delivering the lead ruling, Justice Okon Abang cited Section 243(4) of the Nigerian Constitution, which explicitly establishes the Court of Appeal as the ultimate judicial authority for disputes concerning labour and employment matters. Justice Abang sternly declared, "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 court went further to characterize the state's appeal bid as reckless, baseless, unmeritorious, and an act of executive lawlessness, strongly rebuking any efforts to undermine the rule of law.

The origins of this dispute trace back to 2019 when Mr. Achuba, who served as deputy governor under then-Governor Yahaya Bello, was controversially removed from office following a political fallout. Subsequently, Mr. Achuba initiated legal proceedings against the Kogi government at the National Industrial Court of Nigeria (NICN) to recover unpaid salaries, allowances, and other entitlements. On November 4, 2020, the NICN ruled in his favour, awarding him N180 million in unpaid benefits and stipulating that the amount would accrue a 30 percent monthly interest if not paid within 30 days.

The Kogi State Government lodged an appeal against this NICN decision. However, on April 29, 2024, the Court of Appeal upheld Mr. Achuba's claims, specifically ordering the state government to pay him all salaries and statutory allocations outlined in the 2017 and 2018 state budgets, with the exclusion of security votes. The case took a significant turn when, on April 25, 2024, the appellate court meticulously assessed Mr. Achuba's total entitlements, quantifying them at a staggering N1,070,860,138 (over N1 billion). This comprehensive figure was to be paid alongside N2 million in legal costs. A Certified True Copy (CTC) of this ruling detailed the award, encompassing monthly salaries, travel allowances, and statutory allocations for the specified years.

Despite these clear rulings, the Kogi government challenged the escalated figure. Its lawyer, O. Adegboyega, argued that the NICN's original November 2020 ruling had only awarded N180 million, which the state claimed to have already paid. Mr. Adegboyega asserted, "The state is committed to due process and the rule of law. But it is important to clarify the legal basis for this sudden increase from N180 million to over N1 billion. The original trial court did not award that amount." The state maintained that only the Supreme Court possessed the authority to resolve what it perceived as a "judicial inconsistency."

However, in its latest and final ruling, the Court of Appeal emphatically rejected the state's stance, reiterating the ultimate finality of its decisions in NICN-related matters. Justice Abang delivered a stern warning: "The Applicants cannot treat the Constitution of this great country with contempt and levity." He further cautioned, "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 in replacement of the Rule of Law." The court stressed that "no rigmarole of any sort will save the applicants here," emphasizing that no manipulated legal argument could amend the constitutional provisions that make the Court of Appeal the final arbiter in such cases.

In a notable and rare move, the Court of Appeal also imposed a sanction on Mr. Adedayo Adedeji, the lead counsel representing the Kogi government. Justice Abang held that Mr. Adedeji, as a senior counsel, bore a professional duty to advise his clients against pursuing what was clearly a frivolous appeal. "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 and advised them accordingly," Justice Abang stated. He added, "Compliance with the Constitution should not be seen as cowardice but as maturity and restraint." Consequently, the court ordered Mr. Adedeji to personally remit N3 million in costs to Mr. Achuba before his clients could take any further procedural steps in the case, reinforcing the judiciary's commitment to upholding legal principles and deterring vexatious litigation.