Tuesday 20 October 2015

Synagogue Tragedy: FHC will deliver ruling on November 2

A Federal High Court sitting in Ikoyi has reserved ruling on the fundamental human rights application filed by the two structural engineers who constructed the collapsed Guest House at the Synagogue Church of All Nation.

The two structural engineers Oladele Ogundeji and Akinbela Fatiregun are praying the court to quash a District Coroner’s verdict, which found them culpable after an inquest.
They filed separate suits against the Commissioner of Police, the Council for the Regulation of Engineering in Nigeria (COREN), the Attorney-General of the State and the District Coroner.
The engineer’s lawyer, Olalekan Ojo, said the coroner’s verdict could not be a basis for arresting, investigating or prosecuting his clients.
“As far as this case is concerned, there is nothing against him; then what are the police acting upon? The applicant is saying that his indictment by the coroner court is a nullity and being a nullity the first to third defendants cannot on the basis of a nullity arrest, detain or charge the applicant to court.
“We are here so that they don’t use their powers to oppress us,” Ojo said.
In his reactions, Counsel to the Council for the Regulation of Engineering in Nigeria, COREN, Mr. Abumere Osara urged the court to strike out the application for incompetence, from the point of law.
According to Mr. Osara, COREN is a statutory body created by law to check engineers who do not operate within the code of ethics of the profession.

“Even the highest executives in Nigeria are not immune to being investigated. The only being that I know cannot be subjected to investigation is God or Allah Himself,” Osara said.

However, the  State Counsel  A.A. Bakare, said the engineers’ case was not rights enforcement action but was designed to stop government agencies from performing their statutory duties.
“Nobody has indicted the builder; all that was recommended by the coroner was police investigation and if found culpable, charge the builder to court. The police have invited the applicant to ‘come and tell own your side of the story.’ Does that amount to human rights violation?
Meanwhile, the court seized a handset belonging to a music artist popularly known as Black Face, Ahmedu Augustine Obiabo, for abusing court proceedings.
Black Face who was in court as an ardent member of the Synagogue Church violated the law by using his phone to take photographs of Justice Ibrahim Buba while the court was sitting.

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