The Supreme Court of Nigeria has nullified the N1.07 billion judgment earlier granted to Elder Simon Achuba, the former Deputy Governor of Kogi State, which was meant to cover unpaid salaries, allowances, and other entitlements.
In its ruling, the apex court determined that the Court of Appeal had overstepped its bounds by using a post-judgment motion to compute and award a specific monetary figure to Achuba, instead of sending the case back to the National Industrial Court—the appropriate trial court—for a proper assessment and verification of the claimed amounts.
The Supreme Court highlighted a critical difference between a judgment that simply recognizes a party’s right to receive salaries and allowances and one that orders a clearly defined monetary payout. The earlier ruling, it noted, acknowledged Achuba’s entitlement but did not specify any exact sum. Therefore, any subsequent demand for a precise amount had to be filed and proven through regular proceedings before the National Industrial Court.
The court also emphasized that a post-judgment application cannot be used as a shortcut to bypass full substantive hearings, especially for claims totaling billions of naira that involve complex evidence, pleadings, and the evaluation of competing financial figures. By handling the calculation and award itself, the Court of Appeal improperly acted as a court of first instance, the Supreme Court said.
Chief Joseph Bodunde Daudu (SAN), representing the appellants, argued that the initial judgment only affirmed Achuba’s right to salaries and allowances without quantifying them, and that any claim for a specific amount should have been pursued through the National Industrial Court. The appellants further contended that the Supreme Court had jurisdiction to hear the appeal because the core issue was whether the Court of Appeal had wrongly assumed original jurisdiction.
The lead judgment was delivered by Justice Chioma Egondu Nwosu-Iheme, with the concurrence of three other justices. However, Hon. Justice Obande Festus Ogbuinya dissented, offering a different perspective on whether the Court of Appeal was merely enforcing an existing judgment or improperly creating a new substantive monetary award.
Femi Falana (SAN) led the legal team for Simon Achuba. As a result of the ruling, the N1.07 billion award has been set aside.