Appeal Court upholds N1.07bn payout to ex-Kogi deputy governor

…slams government for ‘executive recklessness’

By Kunle Sanni –

The Court of Appeal in Abuja has reaffirmed its order directing the Kogi State Government to pay former deputy governor Simon Achuba N1.07 billion in outstanding salaries and allowances.

In its ruling on Tuesday, a three-member panel led by Justice Okon Abang declared that the decision is final and cannot be challenged at the Supreme Court. The court cited Section 243(4) of the 1999 Constitution (as amended), which makes the Court of Appeal the last authority on civil appeals arising from the National Industrial Court.

The panel dismissed an application by Governor Usman Ododo and the state’s attorney-general, who sought to halt enforcement of the earlier rulings. Justice Abang described the move as “baseless, unmeritorious, and reckless,” warning that no legal manoeuvre could override constitutional provisions.

“When the law says the decision of this court is final, there is nothing the applicants can do. It is as clear as daylight,” Abang stated. He stressed that disobeying court orders undermines the rule of law and erodes public confidence in the judiciary.

The court also sanctioned Adebayo Adedeji, counsel to the Kogi State Government, ordering him to pay N3 million to Achuba personally before the state can take any further legal steps. Justice Abang faulted the lawyer for pursuing the appeal despite clear constitutional limits, urging legal practitioners to uphold professional ethics even in politically sensitive cases.

“Compliance with the Constitution should not be seen as cowardice but as maturity and restraint,” Abang said.

Achuba, who was impeached in 2019, won a National Industrial Court case in November 2020 over unpaid salaries and allowances. The Court of Appeal upheld the ruling in April 2024.

After the state government failed to comply, the appellate court quantified his entitlements at N1.07 billion in April 2025. Rather than pay, the Kogi government sought a stay of execution and attempted to escalate the case to the Supreme Court — a move now declared unconstitutional.

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