Business World Intelligence - http://businessworldng.com/web
Bucknor-Akerele Drags Fashola to Court over Emoluments
http://businessworldng.com/web/articles/2223/1/Bucknor-Akerele-Drags-Fashola-to-Court-over-Emoluments/Page1.html
By Onyewuchi Ojinnaka
Published on December 5th, 2011
 
Senator Kofoworola Bucknor-Akerele, former deputy governor of Lagos State, under Asiwaju Bola Ahmed Tinubu administration has instituted an action before an Ikeja High Court against the governor of Lagos State, the State Attorney-General and Commissioner for Justice, seeking the payment of her allowances and other fringe benefits due to her as ex-deputy governor.

Senator Kofoworola Bucknor-Akerele, former deputy governor of Lagos State, under Asiwaju Bola Ahmed Tinubu administration has instituted an action before an Ikeja High Court against the governor of Lagos State, the State Attorney-General and Commissioner for Justice, seeking the payment of her allowances and other fringe benefits due to her as ex-deputy governor.
In her application on suit No ID/755m/2011 before Justice Bola Okikiolu-Ighile, the ex-deputy governor prayed for a declaration of the court that the failure, neglect, refusal and or omission of the respondents to pay the allowances and other fringe benefits due to her as provided for by the Public Office Holder (payment of pension) Law 2007 (as amended) laws of Lagos State constitutes a breach and an infringement on her rights.
Furthermore, she prayed for an order of mandamus directing the respondents, their agents, servants and or privies to pay forthwith, her allowances and other fringe benefits due to her as a former deputy governor of Lagos State as provided under both the Public Office Holder law 2007 and under the Revenue Mobilisation Allocation and Fiscal Commission.
Stating the grounds on which she is seeking the reliefs, Bucknor-Akerele averred that she was elected and sworn-in on May 29, 1999 as the deputy governor of Lagos State under the administration of Bola Tinubu, submitting that due to exigencies of state politics, she resigned her appointment as deputy governor with effect from December 16, 2002.
She argued that after resigning her appointment, she is entitled to pension on a pro-rata basis for the number of years she held office as a deputy governor of Lagos State , citing the provision of 1999 constitution and the Public Office Holder law 2007 of Lagos State No 37, Volume 40, law No 11.
She submitted that shortly after exiting from the government, made persistent demands for the payment of her pension and other fringe benefits but the respondents only paid the pension recently while other allowances and fringe benefits remained unpaid, positing that the failure, neglect, refusal and or omission of the respondents to pay the said allowances and fringe benefits as enshrined under the relevant laws is a deliberate and calculated act of oppression and trampling on her rights which the court ought to prevent and protect.
In her verifying affidavit in support, Senator Bucknor-Akerele deposed that since her resignation on December 16, 2002, has made several personal demands and representations based on consultations to the Governor of Lagos State for the payment of her allowances and other fringe benefits but to no avail, stating that the Governor(1st respondent) has the duty to pay her, based on the advice of the state Attorney-General and Commissioner for Justice(2nd respondent) She pointed out that her solicitors has written several letters of demand to the respondents but they kept on referring her request to one department or the other without a concrete response.  Furtherance to the substantive suit, the applicant filed motion ex-parte dated October 21, 2011 brought pursuant to Order 40, Rules 1(1) and (2), 2, 3,(1) and (2) of the High Court of Lagos State (civil procedure) Rules 2004, seeking the leave of the court for a judicial review of her right and an order of mandamus  compelling the respondents, their agents and privies to pay her allowances and fringe benefits as provided for under the Public Office Holders law 2007 and the Revenue Mobilisation Allocation and Fiscal Commission Act, Cap 392, laws of the Federation of Nigeria 1990.
In the enrolment order made by Justice Okikiolu-Ighile, she granted the prayers of the applicant in the motion ex-parte and ordered the applicant to file and serve the respondents with the substantive suit within 14 days from the date of the order. The return date for report of compliance of the order is December 9, 2011.