The Court of Appeal in Abuja on Tuesday dismissed an attempt by the Kogi State Government to block payment of a ₦1.07 billion judgment debt owed to former Deputy Governor, Elder Simon Achuba, warning that persistent disobedience of court orders threatens Nigeria’s rule of law.
Delivering judgment, Justice Okon Abang, who read the unanimous decision of a three-man panel that also included Justices Hamma Akawu Barka and Oyejoju Oyewumi, held that the state’s application to halt enforcement of the judgment was frivolous, unconstitutional, and an abuse of judicial process.
The court further imposed a ₦3 million personal fine on Kogi’s lawyer, Adedayo Adedeji SAN, for professional misconduct, describing his appeal as “reckless, baseless, and oppressive.”
Justice Abang reiterated that under Section 243(4) of the 1999 Constitution (as amended), the Court of Appeal is the final authority in employment and labor disputes arising from the National Industrial Court of Nigeria (NICN).
He condemned the state government’s attempt to escalate the matter to the Supreme Court, insisting that no further appeal lies once the Court of Appeal has ruled on such matters.
“When the law says the decision of this Court is final, there is nothing the Applicants can do. It is as clear as daylight,” Justice Abang declared.
He warned that defying court orders erodes public confidence in the judiciary and breeds anarchy.
“If 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,” he said.
The case stems from Achuba’s controversial impeachment as Kogi’s Deputy Governor in 2019. He later approached the NICN to demand unpaid salaries, allowances, and entitlements.
In 2020, the NICN ruled in his favor, a decision upheld by the Court of Appeal on April 29, 2024. The appellate court confirmed his entitlement to salaries and allowances for 2017 and 2018, excluding security votes.
Despite this, the Kogi State Government failed to comply. On April 25, 2025, the Court of Appeal quantified Achuba’s entitlements at ₦1.07 billion. Rather than pay, the state sought to stay execution of the judgment while pursuing an appeal to the Supreme Court.
In Tuesday’s ruling, the court placed responsibility squarely on Adedayo Adedeji SAN, counsel to the state government, for filing the frivolous appeal despite clear constitutional provisions.
“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,” Justice Abang said.
The court ordered Adedeji to personally pay ₦3 million in costs to the Respondent before the state can take any further step in the proceedings.
Lawyers say the ruling is decision that strengthens the finality of the Court of Appeal’s jurisdiction in labor matters and sends a strong warning against frivolous appeals.
For employees, it provides reassurance that labor disputes will not be endlessly delayed by legal maneuvering. For state actors and employers, it underscores that contempt for court orders carries real consequences.
The decision also places added responsibility on lawyers to provide honest counsel to their clients and resist pursuing appeals with no constitutional basis.
With the ruling, Achuba is now closer to receiving the ₦1.07 billion judgment sum, while the Kogi State Government faces a stern reminder that executive lawlessness has no place under Nigeria’s constitutional democracy.
