The Supreme Court has overturned the ₦1.07 billion award earlier granted to former Deputy Governor of Kogi State, Elder Simon Achuba, over alleged unpaid salaries, allowances and other entitlements.
In a judgment delivered on May 8, 2026, the apex court unanimously allowed the appeal filed by the Kogi State Governor and another party, overturning the earlier decision of the Court of Appeal which had granted the monetary award to Achuba.
The dispute arose from claims by the former deputy governor that he was entitled to unpaid salaries, allowances and other benefits. While an earlier judgment had affirmed his entitlement to salaries and allowances, the Supreme Court held that no court had specifically determined or fixed the exact amount payable to him.
The apex court held that the Court of Appeal exceeded its appellate jurisdiction when it proceeded, through a post-judgment application, to calculate and award a specific monetary sum to Achuba.
According to the Supreme Court, the proper course was for the matter to be remitted to the National Industrial Court, being the court of first instance, for proper determination and quantification of the alleged entitlements.
The court also held that post-judgment motions cannot replace full trial proceedings where evidence, pleadings, and competing calculations must be examined before arriving at a definitive amount.
In its decision on jurisdiction, the Supreme Court stated that the Court of Appeal effectively acted as a trial court when it computed and awarded the ₦1.07 billion without prior evidentiary findings from the lower court.
The appellants, led by Chief J.B. Daudu, SAN, argued that the earlier judgment only affirmed entitlement and did not quantify any payment, insisting that any monetary determination must begin at the National Industrial Court.
They also maintained that the Supreme Court had jurisdiction to hear the appeal because it concerned the alleged misuse of original jurisdiction by the Court of Appeal.
The lead judgment was delivered by Justice Chioma Egondu Nwosu-Iheme, JSC, and supported by three other justices.
Justice Obande Festus Ogbuinya, JSC, however, dissented.
The dissenting judgment appeared to take a different view on whether the Court of Appeal merely enforced an existing judgment or improperly assumed original jurisdiction by making a fresh substantive monetary award.
The Supreme Court set aside the ₦1.07 billion award granted to Achuba, who was represented by Chief Femi Falana, SAN.
