The Court of Appeal, Abuja Division, has ordered the Kogi state government to pay a former Deputy Governor, Elder Simon Achuba a total sum of N1, 070, 860,138.00 being his salaries, allowances and statutory allocation captured in 2017 and 2018 approved budget of the Kogi state government.
The appeal court in a unanimous ruling on Friday gave the order in an application brought before it by Achuba for the enforcement of its earlier judgement delivered on April 29, 2024 in his favour.
The Court of Appeal had, in the April 29, 2024 judgment ordered the payment of all the entitlement due to the former deputy governor be paid to him.
When Achuba approached the Kogi state governor for the payment, he was told that the state government is not indebted to him and that, there was no such order in the judgment of the Court of Appeal.
Worried by the disobedience of the order of the Court of Appeal on the payment, Achuba approached the appellate court through his counsel, Samuel Ogala for the enforcement of the order.
In a unanimous ruling of the three member panel of Justices of the Court of Appeal delivered by Justice Okon Abang on Friday, the court ruled that the monthly salaries, allowances and other statutory allocations due to the former deputy governor as captured in the state’s approved 2027 and 2028 budget be paid to him immediately.
Justice Abang ruled that, Achuba is entitled to the payment of a total sum of N1,070,860,238.00 to be paid by the Kogi state government as his entitlement.
Abang had earlier, disagreed with the respondents that the court lacks the jurisdiction to entertain the application filed by the former deputy governor.
According to him, “This is a post judgement application and this court has the jurisdiction to entertain the application.
“This court is not funtus officio in an application for the enforcement of its judgement. The applicant is not applying for the review of a matter that has been closed but applying for the enforcement of judgement delivered on April 29, 2024.”
It would be recalled that Achuba was impeached by the state House of Assembly in 2019 and was replaced by Edward Onoja, who was reelected last year with Governor Yahaya Bello.
His impeachment followed the submission of a report of the committee set up by the former State Chief Judge, late Nasir Ajana, to investigate an allegation of gross misconduct against him.
However, a high court in Kogi declared that the subsequent nomination of Mr Onoja and his inauguration as the deputy governor did not follow due process.
Achuba also dragged the state government before the National Industrial Court, Abuja seeking a declaration that the decision by the government to withhold his allowances, amounted to unfair labour practice.
