The Court of Appeal, Abuja, on Tuesday dismissed Kogi
State’s bid to halt the enforcement of a ?1.07 billion judgment awarded
to former Deputy Governor Simon Achuba, ruling that its decision is
final in all National Industrial Court of Nigeria (NICN)-related matters.
Justice Okon Abang, delivering the lead
judgment of a three-man panel, described the appeal as frivolous, baseless,
and unconstitutional, warning that persistent disregard for court orders
amounts to “executive lawlessness” and threatens the rule of law.
The court also fined Kogi State’s counsel, Adedayo
Adedeji SAN, ?3 million personally, citing professional misconduct
for pursuing an appeal that clearly contradicted constitutional provisions.
What the Court Ruled
- The
attempt to escalate the matter to the Supreme Court was declared illegal,
as Section 243(4) of the 1999 Constitution makes the Court of
Appeal’s decisions on NICN matters final.
- Justice
Abang stated: “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
warned that disobedience of lawful court orders by government undermines
public confidence and risks “the beginning of anarchy in replacement of
the Rule of Law.”
Background
- Achuba
was controversially impeached in 2019 and later approached the NICN
for his unpaid salaries and allowances.
- In
2020, the NICN ruled in his favor. The Court of Appeal upheld the
judgment in April 2024, confirming his entitlements for 2017 and
2018 (excluding security votes).
- In
April 2025, the Appeal Court quantified the entitlements at ?1.07
billion. Kogi State, however, refused to comply, prompting further
litigation.
Broader Implications
- The
ruling affirms the finality of the Appeal Court in NICN matters,
blocking endless delays in labor disputes.
- It
sends a message to governments, employers, and state actors that court
orders must be obeyed.
- For
lawyers, it is a warning that pursuing constitutionally barred or
frivolous appeals could result in personal sanctions.
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