The Supreme Court has overturned a ₦1.07 billion award granted to former Kogi State Deputy Governor, Elder Simon Achuba, by the Court of Appeal over alleged unpaid salaries, allowances and entitlements.

In a judgment delivered on May 8, 2026, the apex court ruled in favour of the Kogi State Governor and another appellant, setting aside the earlier appellate court decision that ordered the payment to Achuba.

The Supreme Court held that the Court of Appeal exceeded its jurisdiction by awarding a specific monetary sum through a post-judgment application instead of returning the matter to the National Industrial Court, the court of first instance, for proper determination and quantification of the claims.

According to the apex court, there is a clear legal distinction between declaring that a party is entitled to salaries and allowances and awarding a specifically quantified amount.

The justices noted that while an earlier judgment had affirmed Achuba’s entitlement to salaries and allowances, it did not state the exact amount payable.

The court ruled that any claim for a definite sum must be properly initiated and proven before the National Industrial Court through substantive proceedings.

It further held that a post-judgment motion could not lawfully replace formal proceedings required for assessing, calculating and proving disputed monetary claims, especially those involving large sums requiring documentary evidence and evaluation.

In a major pronouncement on appellate powers, the Supreme Court said the Court of Appeal effectively acted as a court of first instance when it calculated and awarded the ₦1.07 billion without prior findings or evidential assessment by the trial court.

Counsel to the appellants, Chief J.B. Daudu (SAN), successfully argued that the earlier judgment only recognised Achuba’s entitlement without quantifying the amount and that any fresh monetary claim ought to have been filed before the National Industrial Court.

The lead judgment was delivered by Justice Chioma Egondu Nwosu-Iheme and supported by three other justices, while Justice Obande Festus Ogbuinya dissented.

The dissenting judgment reportedly held a contrary view on whether the Court of Appeal merely enforced an existing judgment or improperly assumed original jurisdiction by making a fresh monetary award.

Achuba’s legal team was led by Chief Femi Falana (SAN).