(NIGERIA) Justice Lateefa Okunnu of a Lagos High Court sitting in Ikeja, has declared that the court would hear the prohibition suit initiated by the Registered Trustees of the Synagogue Church of All Nations (SCOAN) and its founder, Prophet Temitope Joshua on December 22, 2014.
The court arrived at the decision after counsel to SCOAN, Lateef Fagbemi (SAN) and lawyer to the Lagos State government, Femi Adamson had intimated the judge of challenges encountered in the exchange of court processes.
Joined as respondents to the suit is the Coroner's Court of Lagos State and Magistrate Oyetade Komolafe.
It would be recalled that 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."
It would be recalled that shortly after the SCOAN lawyer had informed the coroner's court of the presence of the suit before the Lagos High Court, Magistrate Komolafe insisted that Prophet Joshua was not in any way on trial, but said that the prophet should endeavour to abide by the laws of the land.
According to Magistrate Komolafe, "I also want to put the records straight that the Lagos State government is not after Prophet T.B Joshua.
"I don't want to inflict injury on anyone and we are not here to prosecute anyone either."
Meanwhile, at Friday's proceeding before the Lagos State Coroner Court sitting in Ikeja, a witness from the Standard Organisation of Nigeria (SON), argued that the laboratory test conducted on the debris from the collapsed six-storey guest house belonging to SCOAN cannot be entirely relied upon to determine the cause of the collapse.
The witness who a civil engineer with SON, Engineer Theophilus maintained that the results of the laboratory test cannot be relied upon because the sample debris are from a collapsed building and the disaster would have reduced the strength of the sample debris.
According to him, "The result of the laboratory test cannot be entirely relied on to ascertain the cause of the building collapsed because the strength of the sample debris collected from the site and taken to the laboratory for test would have reduced as a result of the collapse. The debris cannot produce satisfactory result."
The Coroner has however reserved December 15, 2014 as the day to entertain witnesses from Television Continental and Channels media.
They are expected to show their video clips of events that transpired
after the building collapsed.
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