A Lagos Federal High Court has dismissed an application on fundamental human rights filed by the two structural engineers indicted the Synagogue collapsed building which claimed the lives of one hundred and sixteen persons.
The two engineers, Mr Akinbela Fatiregun and Mr Oladele Ogundeji had gone to court to seek an order preventing the verdicts of the coroner's inquest which advised the state government to prosecute them for criminal negligence.
They also prayed the court to stop the police and the Council for Regulations of Engineer in Nigeria, COREN, from sanctioning them based on the verdicts of the coroner.
The controversial engineers also joined the Lagos Coroner, Magistrate Oyetade Komolafe, who indicted him of criminal negligence over the death of the 116 persons who died in the collapsed guest house of the church as respondent.
The engineer is seeking an order of perpetual injunction restraining the Commissioner of Police in Lagos State from arresting, detaining, investigating or prosecuting them based on Komolafe’s verdict and recommendations.
He also want an order of perpetual injunction restraining the Lagos State Attorney-General or any officer under his authority, from initiating or commencing criminal proceedings against him based on the coroner's verdict.
Speaking through their lawyer, Mr. Olalekan Ojo, informed the court that his client considered the coroner’s verdict a nullity and maintained that there was no basis for the police to invite, arrest or investigate them.
However, the Lagos state government and the Coroner in their preliminary objections, filed and argued by their lawyer, Mr. A.A. Bakare, said the engineer’s case was not fundamental rights enforcement in nature but one intending to stop government agents from performing their statutory and constitutionally recognized duties.
Both Lagos state government and Coroner therefore urge the court not to allow the applicant to pervert the course of justice, describing the application by the two engineers as frivolous aimed at delaying justice.
The presiding judge, Justice Buba Ibrahim said the application was not within his jurisdiction and would not want to interfere in state matters.
Moreso, all the respondents in the suit are acting within their statutory power.
The two engineers, Mr Akinbela Fatiregun and Mr Oladele Ogundeji had gone to court to seek an order preventing the verdicts of the coroner's inquest which advised the state government to prosecute them for criminal negligence.
They also prayed the court to stop the police and the Council for Regulations of Engineer in Nigeria, COREN, from sanctioning them based on the verdicts of the coroner.
The controversial engineers also joined the Lagos Coroner, Magistrate Oyetade Komolafe, who indicted him of criminal negligence over the death of the 116 persons who died in the collapsed guest house of the church as respondent.
The engineer is seeking an order of perpetual injunction restraining the Commissioner of Police in Lagos State from arresting, detaining, investigating or prosecuting them based on Komolafe’s verdict and recommendations.
He also want an order of perpetual injunction restraining the Lagos State Attorney-General or any officer under his authority, from initiating or commencing criminal proceedings against him based on the coroner's verdict.
Speaking through their lawyer, Mr. Olalekan Ojo, informed the court that his client considered the coroner’s verdict a nullity and maintained that there was no basis for the police to invite, arrest or investigate them.
However, the Lagos state government and the Coroner in their preliminary objections, filed and argued by their lawyer, Mr. A.A. Bakare, said the engineer’s case was not fundamental rights enforcement in nature but one intending to stop government agents from performing their statutory and constitutionally recognized duties.
Both Lagos state government and Coroner therefore urge the court not to allow the applicant to pervert the course of justice, describing the application by the two engineers as frivolous aimed at delaying justice.
The presiding judge, Justice Buba Ibrahim said the application was not within his jurisdiction and would not want to interfere in state matters.
Moreso, all the respondents in the suit are acting within their statutory power.
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