Justice
Abang held that the Court of Appeal was the final bus stop where such
cases must terminate and decisions implemented by parties involved.
Kogi State Government has been ordered to pay one billion naira in
salaries and entitlements to its unlawfully impeached former Deputy
Governor, Elder Simon Achuba.
This comes after the request of the government against the payment
of the sum was dismissed by a panel of three-man Justices of the Court
of Appeal, Abuja, comprising Hamma Barka, Okon Abang, and Oyejoju
Oyewumi.
In the lead of the unanimous judgment delivered by Justice Okon
Abang, the Court of Appeal held that Kogi State was not entitled in law
to take the case further to the Supreme Court for further adjudication,
being a civil matter from the National Industrial Court.
Justice Abang held that the Court of Appeal was the final bus stop
where such cases must terminate and decisions implemented by parties
involved.
He described as frivolous, baseless, irritating, and unwarranted
the request of the Kogi State Government to move the case to the Apex
Court when the law was clear and unambiguous on limitations placed
before the state.
Justice Abang took a swipe at a Senior Advocate of Nigeria (SAN),
Mr. Adebayo Adedeji, for bringing such baseless request before the Court
of Appeal, adding that a lawyer of his caliber and status ought to know
better and advise his client appropriately.
He imposed a fine of N3m on the senior lawyer to be paid to the former Deputy Governor.
Justice Abang said, “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
for Legal Practitioners 2007 and advised them accordingly. Compliance
with the Constitution should not be seen as cowardice but as maturity
and restraint.”
Governor Ahmed Usman Ododo and the state’s Attorney-General had,
through the senior lawyer, asked the Court of Appeal to stop execution
of its earlier judgment granted in favour of Achuba for him to be paid
over one billion naira as deserved salaries and other entitlements.
The request was predicated on the need for the state government to
proceed further with the case to the Supreme Court before any payment
should be made.
However, Justice Abang saw no merit in the request, adding, “The
decision of this court is final. When the law says the decision of this
court is final, there is nothing the applicants can do. It is as clear
as daylight.”
The former Deputy Governor, who was impeached in 2019, had
instituted a case at the National Industrial Court of Nigeria (NICN),
where he demanded an order of the court to compel the Kogi State
Government to pay him his deserved salaries, travel allowances, and
entitlements.
His request was granted by the Industrial Court on November 4, 2020, having found merit in it.
Apparently not satisfied with the Industrial Court decision, the
state government took the matter to the Court of Appeal, but on April
29, 2024, the appellate court upheld the judgment of the lower court by
affirming Achuba’s right to salaries and allowances in 2017 and 2018, at
the exclusion of security votes.
However, instead of paying the judgment debt, the Kogi State
Government, in a dramatic turn, moved to the Court of Appeal asking it
to stop the enforcement of the judgment against it and also sought
permission to be allowed to take the case further to the Supreme Court.
Justice Abang, while dismissing the request for being baseless and
unmeritorious, warned against “executive lawlessness,” adding that under
Section 243(4) of the 1999 Constitution (as amended), the Court of
Appeal is the final court for appeals from the National Industrial Court
of Nigeria in civil matters, as in the case of the former Deputy
Governor.
OR
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