CAN TWO INDIVIDUALS CLAIM BENEFITS AS FORMER DEPUTY GOVERNOR UNDER THE SAME ADMINISTRATION: A CASE OF OLANUSI AND OLUBOYO
In 2015, The Ondo State House of Assembly impeached His Excellency Alhaji Alli Olanusi the Deputy Governor to Dr. Olusegun Mimiko for allegation of gross misconduct and Alhaji Lasisi Oluboyo was appointed and sworn in as the substantive Deputy Governor.
Upon been dissatisfied about his impeachment, Alhaji Olanusi approached the court and in March 2017, the Court of Appeal sitting in Akure overturned the impeachment ordering restoration of his rights, benefits, and entitlements through the end of his original tenure in February 2017.
By implication, from the period of impeachment of Olanusi till the determination of his tenure in 2017, his office that was illegally occupied by Oluboyo is no longer in existence in the eyes of the law and Oluboyo can no longer parade himself as a former Deputy Governor or take any benefit associated with the office as former occupier.
Oluboyo in overstretching his luck approached the High Court of Ondo State sitting in Akure for declarative orders of the court for payment of his pension and other entitlements as a former deputy Governor. Adegbehingbe J as he then was struck out the matter for lack of jurisdiction and further ruled that since Oluboyo was an appointed Deputy Governor and not an elected one, he is not entitled to the reliefs he was seeking from the court.
No indication that Alhaji Lasisi Oluboyo appealed this decision rather, he opted for political settlement and concessions were allegedly given to him by Akeredolu led administration for payment of certain percentage of benefits and entitlement attached to a former Deputy Governor.
However, the question that should be answered in the affirmative is that whether or not two individuals can lay claim to the fact that they were Deputy Governor at the same time and by that fact, be drawing funds as benefits for been a former occupier of the office of the Deputy Governor. By the provision of section 186 of the 1999 constitution as amended 2023 with first to fifth alterations excerpted : “There shall be for each state of the federation a Deputy Governor”
Thus, there can be just one Deputy Governor for a period of four years or eight years section 188 and 189 of the constitution is not activated. In the instance case, the Court of Appeal has nullified the impeachment of Alhaji Alli Olanusi hence, Alhaji Lasisi Oluboyo is unknown to law as a former Deputy Governor.
Now, what shall we conclude, can a man who is never seen in the eyes of the law as a former Deputy Governor be enjoying the benefits of a former deputy governor? Is he entitled to pension and other entitlement and those ones he enjoyed before the decision of the court of appeal, is he to return them?
The answer is simple. Alhaji Oluboyo cannot enjoy any benefit as a former Deputy Governor and restitution has to be made in respect of all benefits he has enjoyed while illegally occupying the office.
It is hereby recommended that advocacy has to be made that the government of ondo state should stop giving any benefit to Alhaji Oluboyo as a former Deputy Governor and anti-graft agencies should be activated to recover funds Oluboyo has enjoyed while illegally operating as a former Deputy Governor.
Mogbojuri Kayode.
Writes from Ikorodu, Lagos
