Barring any last minute change, Justice Lateefa Okunnu of the High Court of Lagos State, would on December 3, 2014 commence hearing into the suit filed by the Registered Trustees of the Synagogue Church of All Nations (SCOAN), alongside its founder, Prophet Temitope Joshua.
This is because a prohibition suit was last week filed by counsel to both SCOAN and Joshua before Justice Okunnu apparently to challenge the competence of the Coroner Court, presided over by Chief Magistrate Oyetade Komolafe to investigate into the cause of the collapsed guest house belonging to the church, which resulted into the death of 116 people mostly South Africans.
The counsel, Olalekan Ojo joined as respondents in the suit, the Coroner’s Court of Lagos State and Magistrate Oyetade Komolafe.
Specifically, the suit brought pursuant to Order 40 Rule 5 of the High Court of Lagos State (Civil Procedure Rules) 2012 and signed by one O.M Abimbola is praying Justice Okunnu for an order of prohibition, against the Coroner’s Court of Lagos State and the presiding Magistrate Komolafe from exceeding their jurisdiction in the conduct of coroner’s inquest into the death of unknown persons in the collapsed building within the premises of SCOAN on September 12, 2014.
According to the suit designated ID/188MJR/2014, SCOAN also want the Lagos High Court to issue, “An order of Certiorari to quash the proceedings of the 1st and 2nd respondents in the conduct of the coroner’s inquest into the death of unknown persons in the Synagogue Church of All Nations, Ikotun Egbe, Lagos on 12th September, 2014 in suit number CR/AL/01/2014 concerning matters, issues and circumstances other than what directly caused the death of the victims and the manner of their death for having been conducted without or in excess of the statutory jurisdiction of the 1st and 2nd respondents.
“A declaration that the decision of the coroner to summon the applicants to give evidence at a time when no materials were placed before the coroner against the applicants is a breach of the applicants’ right to fair hearing.
“A declaration that the coroner who relied on his personal knowledge of the facts of the case is not a proper person to preside at the inquest into the death of people at the collapsed building of Synagogue Church of All Nations.
“A declaration that the coroner who relied on extraneous matters not borne out of the records to reach his conclusion that the 2nd applicant is a necessary witness when in fact is not, is in breach of the rules of natural justice and fair hearing guaranteed by the 1999 constitution of the Federal Republic of Nigeria.
“An order prohibiting the coroner from conducting further inquest/proceedings relating to the construction of the collapsed building which facts are clearly outside the scope of a coroner’s inquest.
“An order quashing the proceedings of the coroner’s inquest in its entirety for being conducted in breach of the rule of natural justice, likelihood of blade, and for taking proceedings clearly outside the scope of the jurisdiction of the respondent.
“An order prohibiting the respondent from insisting on the personal attendance of the 2nd applicant as such will be without or in excess of jurisdiction, unconstitutional and unlawful.
“An order of injunction to restrain the respondents as presently constituted from further conducting any inquest into the collapsed building of Synagogue Church of All Nations, as the 2nd respondent has demonstrated personal interest in the subject matter and his neutrality clearly compromised.
“An order of injunction restraining coroner from taking and continuing to take evidence/proceedings on the issue of approval and construction of the collapsed building, which issues are clearly outside the scope of a coroner’s inquest.”
Ojo had apparently while putting up a defence as to the reason why the SOAN founder had not been able to appear before the coroner said no witness summons have been effected on Joshua.
The lawyer informed the court, presided over by Chief Magistrate Oyetade Komolafe that, “I say this because I don’t want anybody to believe that witness summons has been served on T.B Joshua.
According to Ojo, “The court sheriff was not able to personally serve the summons on the prophet on the reason that he was unavoidably absent. He is the chief mourner and has been visiting relatives of victims.
“The sheriff only managed to serve the witness summons on one of the evangelists around at the time he arrived the church. As a matter of fact, i was informed about the sheriff’s visit to the church and I instructed that whoever is receiving the said summons should acknowledge receipt of the summons.
“What I have done is out of abundance of caution and as an officer of the court. I submit that service on counsel in a criminal matter is not provided for in the Administration of Criminal Justice Law. I am not backed by law to accept witness summons meant for another person.”
In responding, Magistrate Komolafe said, “You have spoken from the Bar and I so believe you. But I enjoin you to help the court in this situation.
“Let us see what the sheriff will come back to tell the court. The essence of service is to bring to the attention of whomever that his attention is needed in court.
“The court will do what is needful. The court is not here to inflict further injuries on anybody. A word is enough for the wise. The prophet should not put himself in conflict with the law.
“Tell the prophet that he should be obedient to the laws of the land. We are not prosecuting nor persecuting anyone.”
It would be recalled that prior to this development, Justice Ibrahim Buba of a Federal High Court sitting in Ikoyi, Lagos had thrown out a suit praying the court to put a halt to the ongoing inquest into the collapsed guest house, belonging to SCOAN, Ikotun, Lagos.
Justice Buba while delivering judgment in the suit instituted by a lawyer, Olukoya Ogungbeje on October 28, 2014 seeking an order restraining further hearing into the inquest, declared that the lawyer completely misconceived the role of government’s agencies, stating that the fact that the founder of the church, Prophet Joshua was indicted, does not suggest that the coroner had already made up his mind.
The judge further held that if for instance, a prosecution strongly believes that a person is guilty and brings a charge against him, it does not mean the judge must make a conviction or that the accused would not get a fair hearing.
The court also held that aside the fact that the coroner’s court was not a court of law but a fact-finding entity, Prophet Joshua and his church were not complaining.
Justice Buba said, “Supposing they are satisfied with what was said or alleged, then what is the right of this applicant that is being infringed upon that the court can proceed to protect.”
The court further noted that Ogungbeje did not show any threat or injury he would suffer with the inquest, nor did he disclose a legal or justiceable right to protect.
According to the judge, “A trial court will only have jurisdiction to enforce the fundamental rights of an applicant guaranteed under Chapter 4 of the Constitution, if the main reliefs involves a breach of the fundamental rights of the applicant.
“The coroner was set up by the state’s executive, and that by the principles of separation of powers, the court would not ordinarily interfere with the workings of another arm of government.
“After a calm consideration of all the issues and arguments, the applicant has failed to make a case for the enforcement of fundamental rights.
“The case lacks merit, same be and is hereby dismissed.”
Prior to this decision, Justice Buba had declared that he would not issue restraining orders against the ongoing inquest into the collapsed building belonging to SCOAN until he hears the case on its merit.
He made the declaration while ruling on an oral application initiated by an Ogungbeje, seeking to stop further proceedings before the Lagos State Coroner Court sitting in Ikeja.
Justice Buba further maintained that an order of interim injunction was not necessary in the circumstance on the reason that the applicant was not personally affected by the inquest.
According to the judge, “Although, Ogungbeje wants an order of interim injunction restraining T.B Joshua from appearing before the coroner, I must say that he is not a party to the suit, neither is he held in detention.
“The respondents were served with the court processes on Friday, and by the rules, they have five days to respond, but time was abridged and they accepted, and so, let us not loose sight of the issue here.
“If Ogungbeje was the party summoned before the coroner, then the issue of a restraining order will arise, but in this situation, how can I restrain the whole world.
“The applicant has not shown that he will suffer any danger if the restraining order is not granted, and so, I will hear this case on its merit on Thursday, November 6, and I will not grant any restraining orders; this is the ruling of this court.”
Besides, the judge who had also earlier declared that he would not issue restraining orders against the ongoing inquest into the collapsed building belonging to SCOAN until he hears the case on its merit, maintained that an order of interim injunction was not necessary in the circumstance on the reason that the applicant was not personally affected by the inquest.
According to the judge, “Although, the applicant wants an order of interim injunction restraining T.B Joshua from appearing before the coroner, I must say that he is not a party to the suit, neither is he held in detention.
“The respondents were served with the court processes on Friday, and by the rules, they have five days to respond, but time was abridged and they accepted, and so, let us not loose sight of the issue here.
“If Ogungbeje was the party summoned before the coroner, then the issue of a restraining order will arise, but in this situation, how can I restrain the whole world.
“The applicant has not shown that he will suffer any danger if the restraining order is not granted, and so, I will hear this case on its merit on Thursday, November 6, and I will not grant any restraining orders; this is the ruling of this court.”
Specifically, Ogungbeje had argued that the composition of the Coroner inquest was a negation of the principle of natural justice and Section 36 of the Constitution, and as such it was unconstitutional, null and void.
The civil rights activist also recalled in the suit that the Coroner inquest was constituted by the Lagos State Government after the agencies of the state government had indicted founder of the church,T.B Joshua and his Church of wrongdoing by adding additional structures on the building without approval.
The lawyer maintained that if the inquest is allowed to continue, it would seriously occasion miscarriage of justice, as the same Coroner would hing its decision on the testimonies of the same agencies of Lagos State, which had openly indicted Joshua and his Church.
The civil rights lawyer for instance recalled that the Lagos State Emergency Agency (LASEMA), the Lagos State Building Control Agency, the Lagos State Fire Service, the Lagos State Traffic Management Agency (LASTMA) and others made public and prejudicial report in public domain that the building collapsed as a result of additional structures, while Joshua’s claim that the building collapsed as a result of an aircraft hovering round the building moments before it collapsed, was ignored.
According to Ogungbeje, “The Lagos State Building Control Agency even went ahead to seal up the main building of the church. The General Manager of the agency even said in the papers and I quote him as follows ‘we have investigated and found that they had no approval for the additional structures. Even the main church which they have added about three floors on was sealed two days ago.”
The legal luminary then prayed the court to issue an order nullifying the composition of the Coroner and the proceedings so far, as well as a perpetual injunction restraining the defendants jointly and severally from further proceeding, sitting, investigating, embarking on fact finding or taking any untoward action in any manner whatsoever on any facts connected to the case.
It would be recalled that the, Lagos State Government had on September 26, 2014 constituted a the Coroner court, presided over by Chief Magistrate Oyetade Komolafe apparently to unravel the circumstances leading to the incidence.
Ogungbeje who is a lawyer on October 28, 2014 instituted the suit, praying for an injunction against the coroner pending the determination of a substantive suit.
The lawyer has as defendant, the Lagos State Government, Attorney General of the State, Ade Ipaye, and Magistrate Oyetade Komolafe.
However, as inquest into the incident continues, facts have continued to emerge as to the possible cause of the incident.
For instance, Divisional Police Officer (DPO) of Ikotun Police Command and Chief Superintendent of Police (CSP), Haruna Alaba informed the Lagos State Coroner Court, that there were possibilities of sabotage leading to collapse of the guest house belonging to the church.
The DPO who was testifying before the inquest maintained that police officers attached to the church had done a good job before his arrival.
He stated further that, “It was a panicky situation as at the time of my arrival to the scene. Members of the church were of great assistance to the rescue workers I saw on ground carrying out rescue operations.
“Infact, the church brought so many ambulances to help rescue workers carrying out their operation. We had a hitch free rescue operation with all the rescue workers.
“When the LASEMA boss came to me to complain that he had a hectic time getting to the site, I apologised and also called his attention to the crowd around the collapsed scene.”
The DPO further argued that, “For each of the ambulances used for the operation, policemen were attached to ensure a hitch free movement to the hospital. The barricade seen at the entrance leading to the collapsed site was initiated on my instruction to ensure that we are able to control the crowd.
“We also put the barricade in order to allow the rescue workers do their jobs. I can also confirm to this court that there was no meeting with any of the rescue workers, including the LASEMA boss before proper rescue operation began.
“There is the need to carryout investigation into possible sabotage as being the cause of the collapse. There are lots of security lapses which could have led to sabotage on the collapsed building.
“The aircrafts seen on the day of the incident flew at a very low altitude across the guest house, and that drew our attention. It was the church members that crawled under the collapsed building to pull out victims on the first day.
“The church members have no business in granting or denying access to anyone who wants access to the collapsed site and the church security men acted on the instruction of the police under my command.”
CSP Alaba further assured the court that investigation into the incident was still ongoing, even as he added that, “The police is looking into possible sabotage on the collapsed building. We are also investigating into possibility of the hovering aircrafts as being responsible for the collapse.”
No comments:
Post a Comment