Court Of Appeal: Grants Rivers RSSDA Workers Salary Appeal Leave

• About 100 disengaged Rivers State Sustainable Development Agency (RSSDA) workers have been seeking outstanding salaries since 2017.
• The National Industrial Court (NIC) ruled in October 2021 that their employment subsists and directed the Rivers State Government to pay their emoluments.
• The Rivers State Government has not complied with the NIC's directive, leading workers to seek enforcement.
• The NIC refused to enforce payment, citing a "subsisting appeal," but workers' counsel clarified only an application for leave to appeal existed.
• The Court of Appeal in Port Harcourt, presided over by Justice Elfrieda Williams-Dawodu, has now granted the workers leave to appeal the NIC's refusal to enforce payment.

This procedural step highlights the complexities often encountered in judgment enforcement, particularly when dealing with state entities in Nigeria, where the distinction between an application for leave to appeal and a substantive appeal can significantly impact the timeline for securing compliance.

The Court of Appeal in Port Harcourt recently granted a significant application by disengaged staff of the Rivers State Sustainable Development Agency (RSSDA), allowing them to challenge a lower court's decision regarding their outstanding salaries. This development marks another chapter in a protracted legal battle involving approximately 100 former RSSDA workers who have been seeking payment of their emoluments since their disengagement in 2017. The Rivers RSSDA workers salary appeal stems from the Rivers State Government's alleged non-compliance with a previous judgment.

In October 2021, the National Industrial Court (NIC) in Port Harcourt had issued a declaratory judgment in favor of the workers. This ruling affirmed that their employment status remained subsisting and explicitly identified both the RSSDA and the Rivers State Government as co-employers. Crucially, the NIC directed the Rivers State Government, then under Governor Nyesom Wike, to remit all outstanding salaries and emoluments to the affected staff. However, despite this clear directive, the Rivers State Government, currently led by Governor Siminalayi Fubara, has reportedly failed to adhere to the court's order to date, prompting further legal action from the aggrieved workers.

Faced with the Rivers State Government's continued refusal to comply with the 2021 judgment, the RSSDA workers initiated enforcement proceedings before the National Industrial Court. Their aim was to secure a court order compelling the immediate payment of their accumulated salaries and emoluments. However, the NIC declined to grant this enforcement order, citing the existence of a "subsisting appeal" against its earlier judgment. This refusal left the RSSDA workers Port Harcourt in a difficult position, as their efforts to enforce a favorable ruling were stymied by what the court perceived as an ongoing appellate process.

Aggrieved by the National Industrial Court's decision to withhold the enforcement order, the workers subsequently escalated the matter to the Court of Appeal in Port Harcourt. Their application sought to overturn the lower court's refusal, arguing that the basis for denying enforcement was flawed. This procedural step highlights the complexities often encountered in judgment enforcement, particularly when dealing with state entities in Nigeria, where the distinction between an application for leave to appeal and a substantive appeal can significantly impact the timeline for securing compliance.

During the proceedings at the Court of Appeal, Isa Saidu, counsel representing the RSSDA workers, presented their application for leave to appeal the National Industrial Court's decision. Saidu informed the court that this application was formally filed on July 17, 2025, seeking leave to appeal Nigeria. Notably, the respondents in the case, the RSSDA and the Rivers State Government, represented by H. N. Amadi, a Deputy Director in the Rivers State Ministry of Justice, did not oppose the workers' application.

After considering the submissions from both legal teams, Justice Elfrieda Williams-Dawodu delivered a pivotal ruling. The presiding judge granted the application, thereby allowing the Rivers RSSDA workers to appeal the lower court's decision that had previously blocked their salary enforcement efforts. This Justice Elfrieda Williams-Dawodu ruling provides a crucial pathway for the workers to challenge the NIC's stance on the alleged "pending appeal" and push forward with their demands for payment.

Following the Court of Appeal's decision, Isa Saidu clarified the workers' position to journalists, expressing their dissatisfaction with the National Industrial Court's reluctance to enforce salary payments due to what it termed "pending appeals." Saidu emphasized that, according to their records, no actual appeal had been filed against the original October 2021 judgment. He underscored the critical legal distinction: what existed was merely an *application for leave to appeal*, not a full-fledged appeal that should halt enforcement.

The Rivers State Government's non-compliance with the 2021 judgment has persisted, leading the workers to file a new suit. This new action seeks to recover over N3 billion in computed outstanding amounts, a figure that continues to grow as their employment status remains undetermined. Saidu lamented the severe hardship endured by the workers since the dispute began, tragically noting that one individual reportedly committed suicide due to the unbearable circumstances. This ongoing struggle for the Rivers State Government salary enforcement underscores the profound human impact of protracted legal battles and governmental delays in fulfilling judicial directives.

This case illustrates the procedural hurdles and potential delays in enforcing judgments against state entities in Nigeria, particularly regarding the distinction between an application for leave to appeal and a substantive appeal. Lawyers advising on judgment enforcement against government bodies should meticulously track the status of appeals and be prepared for protracted litigation to secure compliance.

Source: Original reporting via Punch Newspapers