The Kogi State Government has approached the Supreme Court seeking clarification on a controversial N1.07 billion judgment awarded to former Deputy Governor Elder Simon Achuba, citing significant discrepancies in judicial interpretations.
The legal dispute centers on whether Achuba is entitled to N180 million initially awarded by the National Industrial Court in 2020 or the substantially larger sum of N1,070,860,138.00 recently affirmed by the Court of Appeal as outstanding remuneration and allowances for 2017 and 2018.
On April 25, 2025, the Abuja Division of the Court of Appeal unanimously upheld a previous ruling that affirmed Achuba's entitlement to unpaid salaries, statutory allocations, and travel allowances. The appellate court ordered the state government to pay the full N1.07 billion based on its interpretation of a judgment delivered on April 29, 2024.
However, through its legal counsel, O. Adegboyega, the Kogi State Government contends that the National Industrial Court never awarded such a substantial sum. The government maintains that the only enforceable judgment on record is the NIC ruling of November 4, 2020, which awarded N180 million to Achuba as unpaid security votes covering April 2018 to August 2019—an amount the state claims to have already paid in full.
"The state is committed to due process and the rule of law," Adegboyega stated. "But it is important to clarify the legal basis for this sudden increase from N180 million to over N1 billion. The original trial court did not award that amount."
A Certified True Copy of the Appeal Court ruling obtained by The Guardian in Lokoja shows that the court directed the Kogi Government to pay Achuba N1,070,860,138.00 in accordance with entitlements provided in the 2017 and 2018 state budgets, plus an additional N2 million in costs.
The ruling partly reads: "That the respondent shall pay the applicant, Elder Simon Achuba, a former Deputy Governor of Kogi State, the sum of N1,070,860,138.00 being his monthly salaries, traveling allowances, and statutory allocation due to him as provided for in the 2017 and 2018 budget of Kogi State Government."
The controversy stems from what the state government describes as judicial inconsistency. Legal analysts note that the Supreme Court's interpretation will be critical in resolving the ambiguity surrounding the former deputy governor's entitlements and could set a precedent for similar disputes involving elected officials and their benefits.
Elder Achuba served as Deputy Governor under Governor Yahaya Bello but was controversially impeached in 2019 following a fallout with the state executive. He had alleged that the state government withheld his lawful entitlements, which led to the protracted litigation.
While the Court of Appeal insists its order enforces an earlier judgment, the Kogi State Government remains firm that only the Supreme Court can provide definitive clarification on whether the former deputy governor is entitled to the N1.07 billion sum or the previously acknowledged N180 million.