Salary Dispute: Supreme Court Voids ₦1.07bn Award to Ex-Kogi Deputy Governor Achuba
- The Supreme Court overturned ₦1.07 billion award to former Kogi deputy governor Simon Achuba
- The apex court stated that the appellate court exceeded its jurisdiction by awarding specific sums instead of referring to the National Industrial Court
- It also affirmed that the earlier court ruling had only affirmed Achuba’s entitlement to salaries and allowances, but did not specify the exact amount payable.
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Abuja, FCT - The Supreme Court has overturned a ₦1.07 billion award earlier granted to former Kogi state deputy governor, Simon Achuba, in a dispute over unpaid salaries, allowances and entitlements.
In a judgment delivered on Friday, May 8, the apex court ruled in favour of the Kogi state governor and another appellant, setting aside the decision of the Court of Appeal, which had awarded Achuba the money.
Source: Twitter
The Supreme Court held that the appellate court exceeded its jurisdiction by calculating and awarding specific monetary sums through a post-judgment application instead of referring the matter back to the National Industrial Court for proper determination, a statement by the Kogi state government indicates.
Dispute over unpaid entitlements
According to the judgment, the earlier court ruling had only affirmed Achuba’s entitlement to salaries and allowances but did not specify the exact amount payable.
The Supreme Court said any claim involving a definite monetary figure required fresh proceedings before the National Industrial Court, where evidence, calculations and supporting documents could be examined.
The court added that a post-judgment motion could not replace substantive proceedings in disputes involving contested financial claims, especially those involving large sums running into billions of naira.
Court of Appeal ‘acted as trial court’
In a major pronouncement on appellate powers, the Supreme Court ruled that the Court of Appeal effectively acted as a court of first instance when it independently calculated and awarded the ₦1.07 billion claim without prior findings by the trial court.
Lawyers representing the appellants, led by J. B. Daudu, argued successfully that the earlier judgment merely recognised Achuba’s entitlement without quantifying the sums due.
They also contended that the Supreme Court had jurisdiction to hear the appeal because the case centred on whether the Court of Appeal wrongly assumed original jurisdiction.
Split decision among justices
The lead judgment was delivered by Chioma Egondu Nwosu-Iheme and supported by three other justices.
However, Obande Festus Ogbuinya dissented, taking a different view on whether the Court of Appeal merely enforced an existing judgment or improperly made a fresh monetary award.
Achuba’s legal team was led by Femi Falana.
Natasha ordered to pay N1bn damages for defaming Yahaya Bello
In another report, the Kogi state high court sitting in Lokoja has ordered Senator Natasha Akpoti-Uduaghan to pay ₦1 billion in damages in a defamation suit filed by former Kogi state governor, Yahaya Bello.
The judgment, contained in the Certified True Copy dated 23 April, resolved the case in favour of the claimant after the court evaluated the evidence presented by both parties.
Justice A. S. Ibrahim, who delivered the ruling in suit number HCL/16/2023, held that the claimant successfully established his case on the balance of probabilities.
Source: Legit.ng
