(NIGERIA) Head of the anti-bomb unit of the Nigeria Police in Lagos State, Assistant Superintendent of Police (ASP), Olakunle Olanrewaju, today informed Chief Magistrate Oyetade Komolafe of the Lagos State Coroners Court sitting in Ikeja, that the report of the anti-bomb unit of the state's police command is not ready.
Testifying before the court, the witness insisted that the Explosive Ordinance Devices (EOD) Unit of the Nigeria Police would only go to the site of any disaster, if there is any reasonable suspicion that an explosive must have been used on the said scene.
While confirming to the Coroner that he was mandated by the state Commissioner of Police (CP), Kayode Aderanti to move to the collapsed guest house belonging to the Synagogue Church of All Nations (SCOAN) for investigation, ASP Olanrewaju said the police has a duty to investigate any suspicion of the commission of a crime.
The police witness added that the decision of the Lagos police boss to dispatch the EOD personnel to the SCOAN collapsed site was because there was the need to investigate the possible use of explosives on the collapsed guest house.
The witness said, "The mission of the EOD team led by my humble self was to find out whether or not the building collapsed as a result of the use of explosives. My team collected samples of debrils and roofing sheets.
"I was not able to conduct a Post Blast Investigation (PBI) because of the very heavy rescue operation going on as at the time my team arrived at the collapsed site.
"The PBI investigation was imperative because it was suspected that a blast might have been used on the collapsed guest house.
"Infact, I and my team swung into action searching for explosives and power source.
"We will base our decision on the outcome of the laboratory test to ascertain if the speed with which the building collapsed is consistent with control of explosion."
However, under cross-examination by counsel to the Lagos State government, Akingbolahan Adeniran, the witness said, "I did not discover any power source, detonators, and batteries at the collapsed building. I cannot conclude that a bomb blast occurred until the laboratory test result comes out.
Meanwhile, Chief Magistrate Komolafe apparently reacting to media reports that the Coroners Court has stayed proceedings, clarified that the court only excused founder of SCOAN, Prophet Temitope Joshua from appearing before the court to testify, pending the determination of his application before Justice Lateefa Okunnu of a Lagos High Court sitting in Ikeja.
It would be recalled that the Coroners Court had put on hold, further actions as it relates to the invitation extended to Prophet Joshua to appear before it for the purposes of testifying before the court.
The court is carrying out investigation into the
circumstances leading to the collapse of a six-storey guest house owned by SCOAN.
Chief Magistrate Komolafe said the suspension of Joshua's appearance became imperative, so as to allow Justice Okunnu of determine the prohibition suit initiated by the Registered Trustees of SCOAN and Prophet Joshua, against the Coroners Court and Chief Magistrate Komolafe.
The Coroner had issued witness summons on other witnesses including Prophet Joshua. But instead, the SCOAN founder chose to file an application before Justice Okunnu for stay of further proceedings of the inquest and suspend further actions on his invitation to appear to give evidence before it pending the determination of his suit against Chief Magistrate Komolafe before the High Court.
SCOAN alongside its founder had filed the suit pursuant to Order 40 Rule 5 of the High Court of Lagos State (Civil Procedure Rules) 2012 and signed by one O.M Abimbola.
The suit 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 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."
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