Appeal Court Throws Out Kogi’s Bid to Halt ₦1.07bn Payout to Ex‑Deputy Governor Achuba, Slams Counsel with ₦3m Fine for Frivolous Appeal
The Court of Appeal sitting in Abuja has dismissed an application by the Kogi State Government seeking to halt the enforcement of a ₦1.07 billion judgment awarded in favour of the state’s former Deputy Governor, Elder Simon Achuba. The appellate court reaffirmed its position as the final authority in disputes arising from the National Industrial Court of Nigeria (NICN).
In its ruling delivered on Tuesday, the court, presided over by Justice Okon Abang, described the appeal as frivolous, baseless, and unconstitutional. His Lordship warned that persistent disobedience of court orders poses a grave threat to the rule of law and would not be condoned.
The court went further to sanction Kogi State’s lead counsel, Adedayo Adedeji, SAN, imposing a personal fine of ₦3 million for filing what it termed a frivolous appeal, amounting to professional misconduct.
Delivering the unanimous decision of a three‑man panel, Justice Abang, alongside Justices Hamma Akawu Barka and Oyejoju Oyewumi, stressed that the appellate court would no longer entertain constitutionally prohibited appeals, particularly in labour and employment matters emanating from the NICN.
The panel issued a stern caution against what it characterised as “executive lawlessness,” noting that the application by the Governor of Kogi State and the State Attorney‑General to stay execution of the judgment in Achuba’s favour was a direct affront to constitutional provisions.
The dispute traces back to 2019, when Achuba was controversially impeached from office. Following legal proceedings, the NICN awarded him ₦1.07 billion in damages, a decision upheld by the Court of Appeal.
The court held that the attempt to escalate the matter to the Supreme Court was not only unlawful but also contemptuous, given the express constitutional finality of the Court of Appeal’s decisions in NICN‑related cases.
Justice Abang cited Section 243(4) of the 1999 Constitution (as amended), which makes clear that once the Court of Appeal has ruled on a labour matter from the NICN, no further appeal lies to the Supreme Court.
“My Lords, no rigmarole of any sort will save the Applicants here,” Justice Abang 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.”
