From Ahmed Muhammed Danasabe, Lokoja
The Court of Appeal sitting in Abuja has ordered the Kogi State Government to pay Simon Achuba, a former Deputy Governor of the state, N1.07 billion being outstanding salaries and allowances due to him.
The ruling, delivered on Tuesday, reaffirmed the appellate court’s earlier position as the final arbiter on labour matters, holding that the state cannot appeal the case further to the Supreme Court.
Delivering the lead judgment, Justice Okon Abang dismissed an application by the Governor of Kogi State and the Attorney-General seeking to halt enforcement of previous judgments in Achuba’s favour and to escalate the case to the Supreme Court.
The judge held that Section 243(4) of the 1999 Constitution (as amended) makes the Court of Appeal the final authority in appeals arising from the National Industrial Court, stressing that “no legal gymnastics” could override the constitutional mandate.
The dispute began in 2019 when Achuba, impeached as deputy governor, approached the National Industrial Court (NICN) over unpaid salaries, allowances, and entitlements. The NICN ruled in his favour in November 2020. The state appealed but, on April 29, 2024, the Court of Appeal upheld his rights, excluding security votes, and on April 25, 2025, quantified his entitlements at N1.07 billion.
Rather than comply, the state sought a stay of execution pending appeal to the Supreme Court, which has now been struck out.
Justice Abang, describing the application as “baseless, reckless, and executive lawlessness,” warned against attempts to substitute the rule of law with the rule of might.
“My Lords, no rigmarole of any sort will save the applicants here,” he said. “When the law says the decision of this Court is final, there is nothing the applicants can do. It is as clear as daylight.”
He cautioned that treating court orders with contempt would erode citizens’ confidence in the judiciary and could trigger “anarchy in place of the rule of law.”
The ruling not only resolved Achuba’s long-running legal battle but also reinforced the judiciary’s constitutional authority in labour-related disputes.
