The appellate court, presided over by Justices Hamma Barka, Okon Abang, and Oyejoju Oyewumi, on Tuesday, August 19, 2025, ruled that its earlier judgment in Achuba’s case was final under the Nigerian Constitution and not subject to appeal at the Supreme Court.
The Court of Appeal sitting in Abuja has dismissed an application for stay of execution filed by the Kogi State Government in its long-running salary dispute with former deputy governor, Elder Simon Achuba, warning that public officials and their lawyers cannot flout constitutional provisions with impunity.
The appellate court, presided over by Justices Hamma Barka, Okon Abang, and Oyejoju Oyewumi, on Tuesday, August 19, 2025, ruled that its earlier judgment in Achuba’s case was final under the Nigerian Constitution and not subject to appeal at the Supreme Court.
Delivering the lead ruling, Justice Okon Abang, JCA, strongly condemned the attempt by the Kogi State Government and its legal team to sidestep constitutional provisions.
“It is my humble view that the law is no respecter of persons, principalities, powers and authorities, the Applicant cannot treat the constitution of this country with contempt and levity,” Justice Abang ruled.
He further faulted the senior counsel for what the court described as deliberate manipulation of legal processes:
The judge said, “No manipulated legal argument would amend the provisions of section 243 (4) of the 199 Constitution at the whims and caprices of the Applicant to enable them have the right of appeal in respect to the final decision of this court in relation to labour related matters.
“I expected learned senior counsel to the applicant notwithstanding the juicy nature of the brief to have taken the advantage of the provision of rule 14 (2) (e) and 15 (2) (a) of the rules of professional conduct to advise the applicant.
“Compliance with the provision of the Constitution should not be seen as an act of cowardice, but that of maturity and restraint. There is nothing personal in this matter. I am surprised the applicant has taken the matter personal not to comply with what the Constitution says.”
Case Background
Simon Achuba, who served as deputy governor under Yahaya Bello, was controversially removed in 2019 after falling out with the then-governor.
He subsequently sued the Kogi State Government at the National Industrial Court (NICN) for unpaid salaries, allowances, and entitlements.
In November 2020, the NICN ruled in his favour, awarding him ₦180 million in unpaid benefits. The trial judge, Oyebiola Oyewunmi, ordered the government to pay within 30 days, failing which the sum would attract a 30 percent monthly interest.
The Kogi Government appealed, but on April 29, 2024, the Court of Appeal upheld his claims, ordering payment of salaries and statutory allocations provided in the 2017 and 2018 budgets, excluding security votes.
The dispute escalated further when, on April 25, 2024, the Court of Appeal assessed Achuba’s entitlements at over ₦1 billion (₦1,070,860,138) and ordered payment of the sum with an additional ₦2 million in costs.
Despite these rulings, the Kogi Government sought a stay of execution pending appeal to the Supreme Court, a move the appellate court has now dismissed as unconstitutional.
Court Warns of Consequences for Violating Constitution
Reiterating the binding nature of its ruling, Justice Abang declared: “The Governor of Kogi state swore to uphold the constitution. This court gave judgement on the 29th of April, 2024, this judgement is yet to be obeyed. Under the provision of Section 243 of the Constitution, the Applicant has no right of appeal to the supreme court, I cannot stay execution of the judgement to allow the applicant rubbish the Constitution they swore to uphold.
“There is a repercussion for those that unlawfully violate the Constitution. A day of reckoning would certainly come for them unless they turn a new leave.”
The court also ruled that the government’s actions amounted to a “violent violation” of the Constitution.
“The Applicants cannot file the appeal, Governor of Kogi State cannot file an appeal where there is no right of appeal conferred on them by statute. The right of appeal is statutory. I so hold. Right of appeal cannot be derived from the imagination of counsel notwithstanding position at the bar.
“To do so would be an enthronement of the rule of might as against the rule of law.
“The action is an attempt to impute timidity into the court, appropriate to sabotage the settled principle of the rule of law.
“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.”
Court Rebukes SAN, Orders ₦3 Million Cost
The appellate court did not stop at dismissing the application; it also sanctioned the senior counsel representing the Kogi Government for misleading his client.
Justice Abang stated, “The senior counsel to the Applicant owes the duty not only to his client but also to the court and the society that in the discharge of his duty as a respected senior member of the inner bar, occupying an enviable position to assist the court in seeing that no man is oppressed. No matter the juicy nature of the brief. And to ensure that the weak in our society.”
Consequently, the court ordered Senior Advocate of Nigeria (SAN), Adebayo Adedeji of J.B. Dauda & Co., to personally pay ₦3 million as costs in favour of the respondent for what it described as a professional failure to properly advise his client.
Post a Comment