The Supreme Court has nullified the ₦1.07 billion awarded to former Kogi State Deputy Governor, Elder Simon Achuba, in a long-running dispute 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 case stemmed from Achuba’s claim that he was owed salaries and allowances during his tenure as deputy governor. While an earlier ruling had confirmed his entitlement to such payments, the Supreme Court held that no court had properly determined or quantified the exact amount due to him.
The court ruled that the Court of Appeal went beyond its powers by calculating and awarding the ₦1.07 billion figure through a post-judgment application. It stressed that appellate courts cannot assume the role of a trial court in assessing and determining disputed monetary claims.
According to the Supreme Court, any claim involving a specific financial figure—especially one running into billions of naira—must first be properly filed, proven, and quantified at the trial level, in this case the National Industrial Court.
The justices further explained the legal distinction between a declaration of entitlement and an actual monetary award, noting that a declaration alone does not automatically translate into a fixed sum without proper judicial assessment.
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. However, Justice Obande Festus Ogbuinya, JSC, dissented, offering a different interpretation of whether the appellate court properly enforced an existing judgment or improperly issued a fresh monetary award.
Ultimately, the Supreme Court set aside the ₦1.07 billion award granted to Achuba, who was represented by Chief Femi Falana, SAN.
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