3rd March, 2015
Henry Ojelu/Ikpeme Edikan
A Lagos State High Court sitting in Ikeja today adjourned till March 6 for ruling on an application filed by the Synagogue Church Of All Nations (SCOAN) against the coroner’s inquest investigating its collapsed building.
The judge, Justice Lateefa Okunnu, had earlier slated today for delivering of the ruling but at the resumption of proceedings, she informed the parties that a vital issued needed to addressed before the ruling.
She noted that the issue whether the coroner was a “juristic person” (can be sued or can sue) must be determined before the court delivers its ruling.
The judge directed the parties to canvass arguments on the issue at the next adjournment to assist the court in its ruling.
The inquest was set up by the Lagos State Government to investigate the September 12, 2014 building collapse which killed 116 people.
The suit was instituted against the Lagos State Coroners Court sitting in Ikeja, and the Chief Magistrate Oyetade Komolafe who is presiding over the court.
Specifically, SCOAN wants the court to stay further proceedings of the inquest and suspend further actions on Joshua’s invitation to appear before the inquest and give evidence before it, pending the determination of his suit against 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 bias, 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 the 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.”