Justice Ibrahim Buba of the Federal High Court, Lagos yesterday stopped the trial of indicted engineers and registered trustees of the Synagogue Church of All Nation (SCOAN) over the collapse of a six-storey guest house belonging to the church, pending the determination of their appeal.
Justice Buba had on November 9, 2015 dismissed the suit filed by the indicted engineers, Oladele Ogundeji and Akinbela Fatiregun seeking to stop their prosecution by the Lagos State Government, based on the recommendation of the Coroner Inquest, headed by Magistrate Oyetade Komolafe.
The inquest was set up by the state government to investigate the cause of the collapse leading to the death of 116 people mostly South Africa in September 12, 2014.
Being dissatisfied with the ruling of Justice Buba, the indicted engineers approached Court of Appeal to upturn the verdict of lower court. Besides, Ogundeji and Fatiregun filed another application to halt their prosecution pending the determination of appeal filed against Justice Buba ruling.
Respondents in the suit are State Commissioner of Police, Council for the Regulation of Engineering in Nigeria (COREN), Attorney General of the state and the head of Coroner Inquest that indicted them, Magistrate Komolafe.
Among the prayers of the indicted engineers in the application were; an order of injunction restraining the Commissioner of Police, by him, through his agents or otherwise from arresting or detaining them for any reason whatsoever in connection with the verdict of Magistrate Komolafe dated July 8, 2015 pending the determination of the applications’ appeal against Justice Buba ruling.
An order of injunction restraining the state Attorney General, either by itself, officer and or agents acting on his behalf from prosecuting or proceeding with their prosecution, pending the determination of the applications’ appeal against Justice Buba ruling.
However , the state Attorney General challenged the application in a counter affidavit deposed to by one K. Akinjide Bkare , he said the fresh application were not deposed to by the indicted engineers.
He argued that the applicants did not have valid appeal before the Court of Appeal, adding that granting of the application by Justice Buba will stop the Attorney General from performing his function as stated by the constitution.
Consequently , the trial judge, Buba granted an order of injunction restraining the Commissioner of Police from arresting and detaining the applicants.
The orders, the judge said, will subsist until the engineers’ appeal against his earlier ruling is determined by the Court of Appeal.
Justice Buba, urged the prosecution to ensure the appeal is heard expeditiously. He warned that should the engineers failed to prosecute their appeal.
“In the circumstances of this case, the counter affidavit has not been able to show that I should not exercise my discretion judicially and judiciously.
“Even though the applicants had suffered defeat in this court, I am inclined to granting this application on the caveat or rider that the applicants must pursue their appeal diligently and vigorously so that justice can be done to all parties.
“The application for injunction pending appeal has merit and is granted. If the applicants fail to prosecute the appeal diligently, the order can be vacated by this court or the Court of Appeal depending on the situation, the time and place.
Lagos State had preferred a 111-count charge against the Registered Trustees of SCOAN and the engineers over the collapsed building.
Their arraignment was stalled on Monday and Justice Lateef Lawal-Akapo of the Ikeja High Court adjourned till December 11 because of the state’s inability to serve three of the defendants with the charge.
Justice Buba had on November 9, 2015 dismissed the suit filed by the indicted engineers, Oladele Ogundeji and Akinbela Fatiregun seeking to stop their prosecution by the Lagos State Government, based on the recommendation of the Coroner Inquest, headed by Magistrate Oyetade Komolafe.
The inquest was set up by the state government to investigate the cause of the collapse leading to the death of 116 people mostly South Africa in September 12, 2014.
Being dissatisfied with the ruling of Justice Buba, the indicted engineers approached Court of Appeal to upturn the verdict of lower court. Besides, Ogundeji and Fatiregun filed another application to halt their prosecution pending the determination of appeal filed against Justice Buba ruling.
Respondents in the suit are State Commissioner of Police, Council for the Regulation of Engineering in Nigeria (COREN), Attorney General of the state and the head of Coroner Inquest that indicted them, Magistrate Komolafe.
Among the prayers of the indicted engineers in the application were; an order of injunction restraining the Commissioner of Police, by him, through his agents or otherwise from arresting or detaining them for any reason whatsoever in connection with the verdict of Magistrate Komolafe dated July 8, 2015 pending the determination of the applications’ appeal against Justice Buba ruling.
An order of injunction restraining the state Attorney General, either by itself, officer and or agents acting on his behalf from prosecuting or proceeding with their prosecution, pending the determination of the applications’ appeal against Justice Buba ruling.
However , the state Attorney General challenged the application in a counter affidavit deposed to by one K. Akinjide Bkare , he said the fresh application were not deposed to by the indicted engineers.
He argued that the applicants did not have valid appeal before the Court of Appeal, adding that granting of the application by Justice Buba will stop the Attorney General from performing his function as stated by the constitution.
Consequently , the trial judge, Buba granted an order of injunction restraining the Commissioner of Police from arresting and detaining the applicants.
The orders, the judge said, will subsist until the engineers’ appeal against his earlier ruling is determined by the Court of Appeal.
Justice Buba, urged the prosecution to ensure the appeal is heard expeditiously. He warned that should the engineers failed to prosecute their appeal.
“In the circumstances of this case, the counter affidavit has not been able to show that I should not exercise my discretion judicially and judiciously.
“Even though the applicants had suffered defeat in this court, I am inclined to granting this application on the caveat or rider that the applicants must pursue their appeal diligently and vigorously so that justice can be done to all parties.
“The application for injunction pending appeal has merit and is granted. If the applicants fail to prosecute the appeal diligently, the order can be vacated by this court or the Court of Appeal depending on the situation, the time and place.
Lagos State had preferred a 111-count charge against the Registered Trustees of SCOAN and the engineers over the collapsed building.
Their arraignment was stalled on Monday and Justice Lateef Lawal-Akapo of the Ikeja High Court adjourned till December 11 because of the state’s inability to serve three of the defendants with the charge.
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