15th December, 2014
Henry Ojelu
The Coroner’s Inquest investigating the circumstances which led to the collapse of a six-storey guest house belonging to the Synagogue Church of All Nations (SCOAN) has granted Prophet Temitope Joshua request to stay off the proceeding pending the determination of his appeal.
The Coroner, Chief Magistrate Oyetade Komolafe, suspended Joshua’s appearance pending the determination of his suit against Komolafe before Justice Lateefat Okunnu of an Ikeja High Court.
Komolafe had issued witness summons on relevant individuals and institutions including Prophet T.B Joshua.
The inquest was inaugurated by the Lagos State Government under the state Coroner’s System Law No.7 of 2007 to investigate the cause and circumstances resulting in the death of 166 people following the collapse on September 12, 2014 and bring its findings and recommendations to the appropriate authorities.
But Joshua instead of appearing before the inquest had filed an application before Justice Okunnu to stay 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 Komolafe before the High Court.
Joshua in the said application dated November 11, 2014 before the High Court and marked ID/188MJR/2014 had asked for a judicial review of the coroner’s proceedings, which began on October 13.
He had asked the High Court to declare that his invitation to appear as a witness before the coroner was a breach of his right to fair hearing, as no case had been established against his person before the coroner.
He further contested that the coroner had been extending his inquisitions into areas beyond its statutory purview.
Justice Okunnu had fixed December 22, 2014 to hear the application.
Komolafe had last week dismissed a similar application filed by Joshua before him on the ground that it was abouse of court process.
However, at today’s proceeding, the Coroner, after listening to an oral application by joshua’s lead counsel, Chief Lateef Fagbemi (SAN) decided to suspend Joshua’s appearance pending the determination of his suit before the High Court.
Meanwhile, in his testimony before the inquest today, a Deputy General Manager, Air Traffice Control, with the Nigerian Airspace Management Agency, NAMA, Mr Rafiq Olubukola Arogunjo told the inquest that a Nigeria Airforce Aircraft was on a training mission within the Ikotun area on September 12 when the Synagogue church building collapsed.
Arogunjo who stated that the aircraft never flew directly over the collapsed building noted that the aircraft maintained the statutory 1000 feet flight distance in congested areas.
He further stated that the controversial aircraft had to fly over the Ikotun area for about six times due to the high traffic of in coming aircraft at the Murtala Mohammed International Airport, Lagos.
Arogunjo insisted that on each of the six times that the aircraft navigated the Ikotun Area, it maintained a 2700 feet distance from the collapsed building.
He also stated 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.
Arogunjo further stated that since the aircraft in question was a military aircraft, NAMA was not under any obligation to probe the mission of the aircraft.
A mild drama ensued in the courtroom when the Coroner threatened to send the contractor of the collapsed building, Akimbela Fatiregun to prison for failing to appear before the inquest.
The contractor who was ordered into the witness box by the Coroner despite several appeal by his lawyer, explained that he is sick and would not be able to testify before the inquest.
The coroner reprimanded him for not obeying the court summons and warned that if he fails to appear before the inquest at the next adjourned date, he would be arrested.
The coroner while addressing all parties in the matter insisted that the inquest would be concluded before the end of this month.
He subsequently adjourned the matter till December 17.