For allegedly failing to pay her pension, a former Lagos State Deputy Governor, Alhaja Sinatu Ojikutu, has dragged the Governor of the State, Babatunde Fashola (SAN) before a Lagos High Court, seeking to compel him to pay her terminal benefits as provided for under the public office holder (payment of pension) Law No 11 official gazette of Lagos state, 2007.
The former Deputy Governor, in her originating summons, filed on her behalf by her lawyer, Chief Bolaji Ayorinde (SAN), is urging the court to declare that she is entitled to the payment of pension and other benefits as provided for under the Public Office Holder (Payment of Pension) Law.
Joined as respondents in the suit are: the state's Attorney-General and Commissioner for Justice, Ade Ipaye and the Ministry of Establishments, Training and Pensions, Lagos State.
It will be recalled that just before the end of the administration of the former governor, Senator Bola Tinubu, the Lagos State House of Assembly enacted a law stating among others that: “Any person who held office as an elected Governor or Deputy Governor (referred to in this Law as Public office Holder) shall be entitled to the payment of pension at the rate equivalent to the annual basic salary of the incumbent Governor or Deputy Governor and other benefits as provided by the Revenue Mobilisation Allocation and Fiscal Commission.
“Any person duly elected as Public Office Holder shall upon the successful completion of his term be entitled to a grant of pension for life by the state; Provided that such a person shall not be entitled to a grant of pension under this law if he was removed from office by the process of impeachment or for breach of any provision of the Constitution.
“The sum payable as pension under the provisions of this Law shall be charged upon the Consolidated Revenue Fund of the state.
“The total emolument of the Public Office Holder shall include salary, allowances and fringe benefits as contained in the schedule to this Law.
“Subject to the provisions of section 124 of the constitution of the Federal Republic of Nigeria 1999, the pension mentioned in this Law shall be payable at the expiration of the tenure of the holder of the office;
“Where the Public Office Holder vacates office before the expiration of the term of his office for reasons other than impeachment or breach of any provision of the constitution, he shall be paid pension on a pro-rata basis for the number of years he held such office;
“Where the Public Office Holder dies in office before the expiration of his tenure, his family or beneficiaries shall be paid death benefit on a pro-rata basis.
Based on this Law, the applicant is seeking a declaration of the court that she was a Public Office Holder under the 1999 Constitution as amended in 2011and that as a serving Deputy-Governor she was not removed by virtue of any constitutional breach or impeachment process by the state legislature.
Alhaja Ojikutu is also demanding an annual basic salary equal to 100% of the annual salary of the incumbent Deputy-Governor of Lagos State, subject to review every five years or salary review by the Revenue Mobilisation Allocation and Fiscal Commission in line with Section 210 (3) of the Constitution as amended in 2011.
Allowances and fringe benefits to be paid and provided as follows:
*One residential house for the applicant at any location of her choice in Lagos State; two cars and in addition one pilot and one backup car to be replaced every three years.
*300% of the annual salary of the incumbent Deputy-Governor of Lagos State payable every two years en-bloc as furniture allowance; 10% of the annual basic salary of the incumbent Deputy-Governor of Lagos State as house maintenance allowance.
*Provision for cook, steward, gardener, drivers and other domestic staff to work for the applicant and who shall be pensionable by the 1st respondent; free medical treatment for the applicant and members of her immediate family.
*One State Security Service detail and two policemen, one each for the house and personal security for the applicant; *25% of the annual basic salary of the incumbent Deputy-Governor of Lagos State for a Personal Assistant.
*30% of the annual basic salary of the incumbent Deputy-Governor for car maintenance; 10% of the annual basic salary of the incumbent Deputy-Governor for entertainment and 20% of the annual basic salary of the incumbent Deputy-Governor for utility.
However, the matter has not been assigned to any Judge neither has the respondents in the suit filed any defence.
It would be recall that the applicant was the Deputy-Governor of Lagos State between January, 1992 and November, 1993 before she was forcefully removed from office as a result of the coup led by the late General Sani Abacha on November 17, 1993.
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