… Details attempts to frustrate enforcement of payment of N1.07 bn salaries, allowances judgement debt
Former Deputy Governor of Kogi State, Elder Achuba Ojochide Simon has petitioned the Chief Justice of Nigeria, CJN, and the Legal Practitioners Disciplinary Committee (LPDC) praying them to constitute a disciplinary panel to investigate J.B.Daudu, SAN, and his law firm for an alleged unprofessional conduct and abused of judicial powers.
Achuba Ojochide Simon also prayed the CJN and the LPDC for “an order striking out Respondent ( J.B.Daudu SAN) s name of the roll lawyers or an order restraining the Respondent from practicing law for specific period of time,”
The petitioner made copies of the two separate petitions available to journalists in Abuja. According to him, his grievance emanated from an attempts by the law firm of J B. Daudu SAN to frustrate the enforcement of N1, 070,860,138.00
Judgements of the Industrial Court and Court of Appeal that was given in his favour in the Suit NO; NICN/ ABJ/244/2019 Between Elder Achuba Ojochide Simon V Governor of Kogi State & others
” I wrote this petition personally as the victim of what I believe to be a frivolous and malicious appeal filed by the law firm of J . B. Daudi,SAN & Co. at Supreme Court in Labour -related matters contrary to the provisions of the 1999 Constitution of Federal Republic of Nigeria , as amended, that prohibited it.
He said in the petition sent to the Chairman of LPDC, dated December 9, 2025, that the appeal was maliciously instituted solely to prevent him from enjoying the fruits of judgement lawfully delivered in his favour by the Court of Appeal which has a final say in a labour- related matter that originated from the National Industrial Court of Nigeria.
He stated that the Defendants in the above suit through the JB Daudu SAN law firm appealed the lower court judgement before the Court of Appeal in Appeal No CA /ABJ/ CV/302021 BETWEEN THE GOVERNOR OF KOGI STATE & ANOR V ELDER ACHUBA SIMON and a judgement was delivered in his favour by the Court of Appeal on 29th day of April,2024. That he was entitled to claim for Monthly salaries, travel allowances and other statutory allocations except for monthly imprest.
The petitioner stated that a computation of salaries, traveling allowances and statutory allocations due to him in 2017 and 2018 budget of Kogi State amounted to N1, 070,860,138.00 and a letter was sent to Kogi State Government to this effect but the state government refused to pay and denied owing him
He said ,he was left with no other choice than to file a motion for the enforcement of the judgement of the Court of Appeal in APPEALNO;CA,/ABJ/PRE/ROA/CV/1053MI24 BETWEEN ELDER ACHUBA SIMON VS THE GOVERNOR OF KOGI STATE & ANOR and that in well considered ruling delivered on April 25th, 2025 granted his reliefs and directed the National Industrial Court to enforce judgement of the Court of Appeal
To his surprise and dismay, the petitioner stated, “the law firm of J B.Daudu SAN filed an appeal against the ruling of Court of Appeal to the Supreme Court . The firm also filed a stay of execution against the ruling of the Court of Appeal in APPEAL No CA/ABJ/PRE/ROA/CV/630MI/2025 before the Court of Appeal which was dismissed and cautioned this:
“I am really surprised and disappointed in the 2nd Applicant the Hon. Attorney General and Commissioner for Justice Kogi State, a legal practitioner called to Nigerian Bar expected to hold the sanctity of the provisions of the Constitution does not see anything wrong in the way and manner they holding this matter. It is therefore my view that our courts should remain steadfast to the Constitution of this Country and shut down attitudes of parties which will lead to absurdity in our judicial system.”
“My Lord the Court of Appeal also cautioned the law firm of J B Daudu & Co at page 26 of the ruling as follows; the learned Senior Counsel for the Applicants owe this duty not only to his client the Applicants therein but also to the Courts and the society that in the discharge of his duty as a responsible member of the inner bar occupying an enviable position for that matter to assist this court in its onerous duty of seeing that no man is oppressed and also ensure that the weak in our society takes no wrong nor the mighty escapes just judgment”
The petitioner said that despite the fact that Court of Appeal imposed a fine of Three Million Naira, (N3,000,000.00) on JB Daudu & Co.and admonition of the justices of the Court of Appeal in this matter , the law firm continue to pursue this appeal.and in contravention of Rules 14(1), (2) (e) , 15 (1),15 (2) (a) of the rule of Professional conduct for Legal Practitioner 2007
The Court of Appeal reaffirmed its statutory powers as the last appellate Court on this matter and stated in its ruling on stay of execution.
“My Lords, no rigmarole of any sort will save the applicants here .I mean no manipulated legal argument will amend the provisions of section 243(4) of the 1999 Constitution of the whims and caprices of the Applicants to enable them have a right to appeal with respect to final decisions of this court on labour related matters”
Not satisfied or deterred by the Court of Appeal admonition , he filed for another stay of execution of Order nisi granted the petitioner at the National Industrial Court. The National Industrial Court in its bench ruling of 25th, November 2025 in Suit No
NICN/ABJ//255M/2025 confirmed that it is judgment delivered in Suit No NICN / ABJ/244/2019 that gave rise to the judgment in Appeal No CA/AB/CV/30/2021 and the ruling in Appeal No CA/ABJ/PRE/ROA/CV/1053MI/24 Between Elder Achuba Simon VS The Governor of Kogi State & Anor and that it neither a fresh matter or another appeal .
The petitioner also complained about desperation to deceive, confuse and mislead the National Industrial Court by one Loveth Ali , female , litigation clerk from J. B.Daudu & Co misinformed the Court that the matter in the Supreme Court was slated for hearing on 3rd November 2025 and supported this false claim with an affidavit when infact she knew Supreme Court didn’t fix such a date and didn’t sit.
Simon said that in furtherance of desperation to mislead the National Industrial Court of Nigeria he franked hearing date of the frivolous appeal filed at the Supreme Court orchestrated alongside one Paul Bawa Ajiake of the Litigation Department . At the issuance of date when issues were not joined. The petitioner attached the hearing notice and text message from Paul Bawa Ajiake as exhibit to demonstrate a foul play.
” I have a case before the Supreme Court brought by Kogi State Government since 2024. It is a constitutional matter that bother on impeachment. My lawyer ( Egwaba Reuben & Co) on 18/8/2025 wrote to your Lordship asking for a date, yet till date ,we have not received any response.
” How come that a case that should not ordinarily be taken by the registrar takes precedence over constitutional matters like impeachment? Paul Bawa Ajiake needs to
give account on how he came about the hearing date. I suspect a foul play against order and sequence ” the petitioner lamented.