(NIGERIA) A Lagos State Coroners Court sitting in Ikeja, presided over by Chief Magistrate Oyetade Komolafe, today put on hold, further actions as it relates to the invitation extended to founder of the Synagogue Church of All Nations (SCOAN), Prophet Temitope Joshua to appear before him 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 Lateefa Okunnu of a Lagos High Court sitting in Ikeja determine the prohibition suit initiated by the Registered Trustees of SCOAN and Prophet Joshua, against the Coroners Court and Chief Magistrate Komolafe.
It would be recalled that 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."
The Coroners Court after entertaining an oral application by Prophet Joshua's lead lawyer, Lateef Fagbemi took a decision to suspend Joshua's appearance pending the determination of his suit before the High Court.
In the meantime, a Deputy General Manager, Air Traffic Control with the Nigerian Airspace Management Agency, NAMA, Rafiq Olubukola Arogunjo in his testimony gave a confirmation that a Nigeria Airforce Aircraft was on a training mission within the Ikotun area on September 12, 2014 when the SCOAN guest house collapsed.
While insisting that the aircraft never flew directly over the collapsed guest house posited that the aircraft maintained the statutory 1000 feet flight distance in congested areas.
The witness also argued that the said aircraft had to fly over the Ikotun area for about six times due to the high traffic on incoming aircraft at the Murtala Mohammed International Airport, Lagos.
Arogunjo insisted that on each of the six times the aircraft navigated the Ikotun Area, it maintained a 2,700 feet distance from the collapsed building.
The witness also maintained that the aircraft which had five crew members operated normally and maintained the minimum distance between a flying aircraft and the tallest building in an area.
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