The Supreme Court has overturned the ₦1.07 billion monetary award earlier granted to former Deputy Governor of Kogi State, Elder Simon Achuba, in a legal battle over alleged unpaid salaries, allowances and entitlements.
In a judgment delivered on May 8, 2026, the apex court ruled in favour of the Governor of Kogi State and another appellant, setting aside the decision of the Court of Appeal which had awarded Achuba the sum as compensation.
The Supreme Court held that the Court of Appeal exceeded its constitutional powers by proceeding to calculate and award specific monetary sums to the former deputy governor through a post-judgment application, instead of remitting the matter to the National Industrial Court for proper determination.
According to the apex court, there is a clear distinction between a judgment affirming a person’s entitlement to salaries and allowances and another specifically quantifying the amount payable.
The court explained that while an earlier judgment had recognised Achuba’s entitlement to salaries and allowances, it did not determine the exact amount owed to him.
The justices maintained that any claim seeking a definite monetary sum required substantive proceedings before the National Industrial Court, including proper pleadings, documentary evidence and evaluation of the figures being claimed.
The Supreme Court further ruled that a post-judgment motion could not lawfully replace substantive proceedings in cases involving disputed financial claims running into billions of naira.
The court stressed that such claims required proper assessment, computation and proof before the trial court.
In what observers described as a significant pronouncement on appellate jurisdiction, the apex court held that the Court of Appeal effectively acted as a court of first instance when it undertook the exercise of calculating and awarding the ₦1.07 billion claim without prior findings or evidential evaluation by the National Industrial Court.
The appellants, represented by Chief J.B. Daudu, SAN, successfully argued that the earlier judgment merely affirmed Achuba’s entitlement to salaries and allowances without fixing any specific amount payable.
They also argued that the Supreme Court had jurisdiction to entertain the appeal because the complaint centred on the alleged wrongful assumption of original jurisdiction by the Court of Appeal.
The lead judgment was delivered by Justice Chioma Egondu Nwosu-Iheme and was supported by three other justices of the apex court.
However, Justice Obande Festus Ogbuinya dissented, taking a different position on whether the Court of Appeal merely enforced an existing judgment or improperly assumed original jurisdiction by making a fresh monetary award.
Achuba’s legal team was led by human rights lawyer, Chief Femi Falana, SAN.
With the ruling, the Supreme Court effectively nullified the ₦1.07 billion award earlier granted to the former deputy governor.
