Kogi Loses N1.07bn Appeal to Achuba; Court Fines SAN N3m for Abuse of Process
Meta Description: The Court of Appeal has dismissed Kogi State’s attempt to block a N1.07bn judgment for ex-Deputy Governor Simon Achuba, fining its lawyer, a SAN, N3 million for filing a frivolous appeal. Read the full details of the landmark ruling.
ABUJA, NIGERIA – The Court of Appeal in Abuja has delivered a landmark judgment, dismissing an attempt by the Kogi State Government to block the payment of a N1.07 billion judgment debt owed to its former Deputy Governor, Elder Simon Achuba. In a sternly worded ruling on Tuesday, the court not only threw out the state’s application but also took the extraordinary step of personally fining its lawyer, Adedayo Adedeji (SAN), N3 million for professional misconduct and abuse of the judicial process.
The court condemned the appeal as baseless and unconstitutional, issuing a powerful warning against what it termed “executive lawlessness” and the growing trend of disobeying court orders, which it said threatens the very foundation of the rule of law in Nigeria.
Court Affirms Final Authority in Labour Disputes
Delivering the unanimous decision of a three-man panel, Justice Okon Abang firmly established that the Court of Appeal is the final arbiter in all disputes originating from the National Industrial Court of Nigeria (NICN). He stressed that the Kogi State Government’s attempt to further appeal the matter to the Supreme Court was a legally impossible and frivolous maneuver.
Citing Section 243(4) of the 1999 Constitution (as amended), Justice Abang made it clear that the law provides no room for further appeals in such cases.
“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.”
Background of the N1.07 Billion Dispute
The legal battle dates back to 2019, following the controversial impeachment of Elder Simon Achuba as the Deputy Governor of Kogi State. Achuba subsequently approached the National Industrial Court to claim his unpaid salaries, allowances, and other entitlements that were denied him.
2020: The NICN ruled in Achuba’s favor, ordering the state government to pay his entitlements.
April 29, 2024: The Kogi State Government’s appeal was dismissed by the Court of Appeal, which upheld the NICN’s decision.
Despite this final calculation, the state government, led by counsel Adedayo Adedeji SAN, filed another application to stay the execution of the judgment, signaling its intent to pursue a constitutionally barred appeal at the Supreme Court.
Landmark Sanction: Senior Advocate Fined N3 Million
In a rare and significant move, the court held Adedayo Adedeji SAN personally accountable for filing what it deemed a baseless and oppressive appeal. Justice Abang stated that as a Senior Advocate, Adedeji had a professional duty to advise his clients truthfully about the finality of the court’s decision and not to engage in legal tactics designed purely to delay justice.
“I expected the learned Senior Counsel to the Applicants, notwithstanding the juicy nature of the brief, to have taken advantage of the provisions of the Rules of Professional Conduct… Compliance with the Constitution should not be seen as cowardice but as maturity and restraint,” he said.
The court then ordered Adedayo Adedeji SAN to personally pay N3 million in costs to Simon Achuba before any further legal steps can be taken in the matter.
A Stern Warning Against ‘Executive Lawlessness’
Justice Abang used the ruling to send a powerful message to government officials and state actors who disregard judicial pronouncements.
“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 place of the Rule of Law,” he warned.
This judgment has broader implications for Nigeria’s legal landscape. It strongly reaffirms the authority of the Court of Appeal in employment matters, serves as a deterrent to lawyers filing frivolous appeals, and puts all government bodies on notice that the judiciary will not tolerate the flagrant disobedience of its orders.
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