The Court of Appeal Abuja on Tuesday , dismissed Kogi State’s attempt to block a N1.07 billion judgment awarded to ex-Deputy Governor Simon Achuba, affirming its final authority in National Industrial Court of Nigeria-related disputes.
Justice Okon Abang condemned the appeal as baseless and unconstitutional, warning that continued disobedience of court orders threatens the rule of law.
The court fined Kogi state’s lawyer, Adedayo Adedeji SAN, N3 million personally for filing a frivolous appeal, citing professional misconduct.
In a landmark ruling on Tuesday, the Court of Appeal in Abuja firmly reiterated its stance that it will no longer tolerate frivolous and constitutionally prohibited appeals, particularly in labor and employment disputes arising from the National Industrial Court of Nigeria (NICN).
Delivering a stern warning against what it described as “executive lawlessness,” the court dismissed an application by the Governor of Kogi State and the State Attorney-General, which sought to stay enforcement of its N1.07 billion judgment in favor of the former Deputy Governor of Kogi, Elder Simon Achuba.
The case dates back to 2019, when former Deputy Governor of the Kogi State, Elder Simon Achuba was impeached controversially.
What the court is saying
- The court ruled that the attempt to escalate the matter to the Supreme Court—despite the constitutional finality of the Appeal Court’s decisions in NICN-related matters—was not only illegal but also contemptuous of the rule of law.
- Justice Okon Abang, reading the unanimous decision of a three-man panel comprising Justices Hamma Akawu Barka, Oyejoju Oyewumi, and himself, emphasized the constitutional clarity provided by Section 243(4) of the 1999 Constitution (as amended).
- He stressed that once the Court of Appeal delivers a ruling on a labor-related 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.”
- He described the Kogi State Government’s latest legal maneuver as a reckless, baseless, and oppressive abuse of the judicial process.
- The court held that such tactics, particularly when orchestrated by state actors, pose a grave threat to constitutional order.
“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,” Justice Abang warned.
Background of the Dispute
The dispute dates back to 2019, when Elder Simon Achuba was controversially impeached as Deputy Governor of Kogi State. Following his removal, Achuba approached the National Industrial Court to claim his unpaid salaries, allowances, and entitlements.
- The NICN ruled in his favor in 2020, a decision the Kogi State Government appealed.
- But on April 29, 2024, the Court of Appeal upheld the NICN’s ruling, confirming that Achuba was legally entitled to his salaries and allowances as budgeted by the Kogi State Government for 2017 and 2018—excluding security votes.
- Despite this judgment, the state government failed to comply.
- Achuba’s legal team, led by Samuel Ogala, filed a post-judgment application, and on April 25, 2025, the Appeal Court quantified his entitlements at N1.07 billion.
- The State Government, unwilling to pay, filed an application to stay execution of the judgment while indicating its intention to appeal to the Supreme Court.
Legal Sanctions and Fine
- In delivering Tuesday’s ruling, the court did more than just dismiss the application.
- It held Adedayo Adedeji SAN, counsel to the Kogi State Governor, personally responsible for leading the baseless appeal, despite constitutional clarity on the matter.
- Citing the Rules of Professional Conduct for Legal Practitioners, Justice Abang noted that Adedeji had a duty to advise his clients truthfully and not pursue appeals with no legal foundation.
“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 Adedeji to personally pay N3 million in costs to the Respondent before the Applicants can take any further step in the proceedings.
Broader Implications
This ruling serves as a strong affirmation of the finality of the Court of Appeal’s jurisdiction in NICN matters and a reminder that the judicial process cannot be manipulated through prolonged litigation.
For employees, it sends a powerful message that justice in labor disputes can no longer be endlessly delayed by appeal gimmicks.
For state actors and employers, it underscores the consequences of ignoring valid court orders.
And for legal practitioners, it reinforces that frivolous appeals, especially those that contradict the constitution will not go unpunished.
The judgment is likely to reshape the approach of state and corporate defendants in labor matters going forward, signaling a new era of accountability and constitutional adherence in employment disputes.
