Nineteen months after the collapse of a seven storey building within the premises of the Synagogue Church of All Nations which collapsed and killed 116 people mostly foreigners, the two engineers that oversaw the construction of the building have been remanded in Kirirkiri Prisons.
The Trustees of SCOAN and the engineers Akinbela Fatiregun and Ogundeji Oladele along with their companies were arraigned before an Ikeja High Court on 111 counts bordering on manslaughter and criminal negligence.
Justice Lateef Lawal-Akapo ordered their arraignment after dismissing the application filed by the two engineers seeking to quash the charge.
Since the Lagos State Government filed the 111 charges, the defendants had deployed several tactics to stall their arraignment by filing several applications.
Immediately after Justice Akapo dismissed the applications for lacking in merit, lead counsels representing the defendants made several attempt to convince the court not to proceed with the arraignment.
While Chief Lateef Fagbemi SAN representing SCOAN argued that since the business of the court was for ruling, it would be improper to proceed with arraignment.
On his part, Chief Akpofure SAN representing Hardrock Construction Company said he just lost his mother and would not be able to proceed.
"I am bereaved my Lord. I lost my mother and as the only son, I would have to take the next available flight to make proper arrangements," he said.
Responding, the Director of Public Prosecution, Mrs. Idowu Alakija however said that she too was bereaved and had not made it the business of the court.
Justice Akapo however overruled both Akpofure and Fagbemi and ordered that the charges be read to the accused persons.
The accused persons however pleaded not guilty to the 111 charge which took more than one hour to be read.
Justice Akapo ordered their remand in Kirikiri Maximum prison.
Counsels to the defendants however moved an oral bail application which was rejected by the DPP on the grounds that they would need a written application so that they can respond accordingly.
Justice Akapo subsequently adjourned the matter till May 19.
Earlier in the proceedings, Justice Akapo had described as lacking in merit the two applications the second and fifth defendants had brought before the court, asking the court to remove the name of the 2nd defendant (Hardrock construction) from the charges. While the 5th defenant (Akinbela Fatiregun) had asked the court to quash the whole charges in its entirety, based on a pending matter before the Court of Appeal, stating that the court lacks the jurisdiction to entertain the suit.
It would be recalled that Justice Ibrahim Buba of the Federal High Court, Lagos 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.
The inquest which started on the 13th of October 2014 called a total of 32 witnesses and tendered a total of 45 exhibits.
All the witnesses appeared before the court to give their own version of events, while the founder of the church, T.B Joshua refused to appear before the court.
T.B Joshua had dragged the Coroner, Komolafe Oyetade and the Coroner court before Justice Lateefa Okunnu of a Lagos State High Court on the grounds that the court lacked the jurisdiction to summon him.
When Justice Okunnu threw out the suit on the grounds that Sections 26 and 27 of the Coroner's System Law of Lagos State 2007, empowered the coroner to summon any witness to assist him in his fact-finding mission, adding that there was nothing unusual in the summons extended to Joshua.
Joshua then through his lawyer, Cheif Lateef Fagbemi SAN took the matter to the Lagos Division of the court of Appeal where the matter was also dismissed.
During the course of the inquest, SCOAN insisted that the collapse of the building was caused by a military plane which hovered dangerously close to the building.
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.
The Trustees of SCOAN and the engineers Akinbela Fatiregun and Ogundeji Oladele along with their companies were arraigned before an Ikeja High Court on 111 counts bordering on manslaughter and criminal negligence.
Justice Lateef Lawal-Akapo ordered their arraignment after dismissing the application filed by the two engineers seeking to quash the charge.
Since the Lagos State Government filed the 111 charges, the defendants had deployed several tactics to stall their arraignment by filing several applications.
Immediately after Justice Akapo dismissed the applications for lacking in merit, lead counsels representing the defendants made several attempt to convince the court not to proceed with the arraignment.
While Chief Lateef Fagbemi SAN representing SCOAN argued that since the business of the court was for ruling, it would be improper to proceed with arraignment.
On his part, Chief Akpofure SAN representing Hardrock Construction Company said he just lost his mother and would not be able to proceed.
"I am bereaved my Lord. I lost my mother and as the only son, I would have to take the next available flight to make proper arrangements," he said.
Responding, the Director of Public Prosecution, Mrs. Idowu Alakija however said that she too was bereaved and had not made it the business of the court.
Justice Akapo however overruled both Akpofure and Fagbemi and ordered that the charges be read to the accused persons.
The accused persons however pleaded not guilty to the 111 charge which took more than one hour to be read.
Justice Akapo ordered their remand in Kirikiri Maximum prison.
Counsels to the defendants however moved an oral bail application which was rejected by the DPP on the grounds that they would need a written application so that they can respond accordingly.
Justice Akapo subsequently adjourned the matter till May 19.
Earlier in the proceedings, Justice Akapo had described as lacking in merit the two applications the second and fifth defendants had brought before the court, asking the court to remove the name of the 2nd defendant (Hardrock construction) from the charges. While the 5th defenant (Akinbela Fatiregun) had asked the court to quash the whole charges in its entirety, based on a pending matter before the Court of Appeal, stating that the court lacks the jurisdiction to entertain the suit.
It would be recalled that Justice Ibrahim Buba of the Federal High Court, Lagos 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.
The inquest which started on the 13th of October 2014 called a total of 32 witnesses and tendered a total of 45 exhibits.
All the witnesses appeared before the court to give their own version of events, while the founder of the church, T.B Joshua refused to appear before the court.
T.B Joshua had dragged the Coroner, Komolafe Oyetade and the Coroner court before Justice Lateefa Okunnu of a Lagos State High Court on the grounds that the court lacked the jurisdiction to summon him.
When Justice Okunnu threw out the suit on the grounds that Sections 26 and 27 of the Coroner's System Law of Lagos State 2007, empowered the coroner to summon any witness to assist him in his fact-finding mission, adding that there was nothing unusual in the summons extended to Joshua.
Joshua then through his lawyer, Cheif Lateef Fagbemi SAN took the matter to the Lagos Division of the court of Appeal where the matter was also dismissed.
During the course of the inquest, SCOAN insisted that the collapse of the building was caused by a military plane which hovered dangerously close to the building.
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.
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