The Supreme Court has nullified a N1.07 billion award previously granted to former Kogi State Deputy Governor Simon Achuba in a dispute over unpaid salaries, allowances, and entitlements. The apex court delivered its judgment on Friday, May 8, ruling in favor of the Kogi State governor and another appellant, thereby overturning the Court of Appeal's decision that had awarded the sum to Achuba.
Court of Appeal Exceeded Jurisdiction
The Supreme Court held that the appellate court overstepped its jurisdiction by calculating and awarding specific monetary amounts through a post-judgment application rather than referring the matter back to the National Industrial Court for proper determination. According to a statement from the Kogi State government, the earlier court ruling had only affirmed Achuba's entitlement to salaries and allowances without specifying the exact amount payable.
The apex court emphasized that any claim involving a definite monetary figure requires fresh proceedings before the National Industrial Court, where evidence, calculations, and supporting documents can be thoroughly examined. It further stated that a post-judgment motion cannot replace substantive proceedings in disputes involving contested financial claims, especially those involving large sums running into billions of naira.
Appellate Court Acted as Trial Court
In a significant 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 N1.07 billion claim without prior findings by the trial court. Lawyers representing the appellants, led by J. B. Daudu, successfully argued that the earlier judgment merely recognized Achuba's entitlement without quantifying the sums due. They also contended that the Supreme Court had jurisdiction to hear the appeal because the case centered 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.
In a separate but related development, the Kogi State High Court sitting in Lokoja ordered Senator Natasha Akpoti-Uduaghan to pay N1 billion in damages in a defamation suit filed by former Kogi State Governor Yahaya Bello. The judgment, contained in the Certified True Copy dated April 23, resolved the case in favor 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.
