12th March, 2015
Henry Ojelu
The founder of the Synagogue Church of All Nation, SCOAN, Prophet Temitope Joshua has appealed the ruling delivered by a Lagos High Court striking out his appeal against the ongoing coroner’s inquest into the September 12, 2014 collapse of a building within his church premises.
Justice Lateefa Okunnu dismissed the application last week for being premature and lacking in merit.
At the continuation of the inquest today, counsel to TB Joshua, Seun Abimbola said a notice of appeal on Justice Okunnu’s ruling has been filed at the Court of Appeal.
Abimbola said the notice has been served on the Chief Coroner, Mr Oyetade Komolafe.
With the notice of appeal, TB Joshua’s appearance before the inquest would have to wait until the outcome of the appeal.
Chief Coroner Komolafe had indicated last week that he would conclude the inquest next week.
Further proceedings on the inquest continues today.
T.B Joshua had dragged the coroner’s court and the coroner, Mr. Komolafe, before Okunnu asking for a judicial review of the proceedings.
Their counsel, Chief Lateef Fagbemi (SAN), had asked the court to determine whether the witness summons served on Joshua to appear before the coroner did not constitute an infringement on his right to fair hearing.
Fagbemi had also asked the court to declare that the coroner exceeded the jurisdiction of a coroner’s court by delving into areas that were beyond its scope.
Komolafe was also accused of being bias and demonstrating a personal interest in the matter.
The respondent’s counsel, Mr Akinjide Bakare, had, however urged the court to dismiss the application, arguing that the coroner had extensive powers to investigate the cause and circumstances of death and report to the appropriate authorities.
He said in order to determine the cause of death, the coroner has the latitude to summon any witness and investigate issues pertaining to building approval, soil testing and materials used in the construction of the collapsed building.
Delivering her ruling, the judge held that although the coroner’s court cannot be sued, the Komolafe himself can be sued in his capacity as a coroner.
According to her, the court needed to resolve the issue whether the coroner has acted contrary to the rules of natural justice by not granting the applicants a fair hearing and whether he has exceeded the scope of a coroner’s court.
Okunnu said Sections 26 and 27 of the Coroner’s System Law of Lagos State 2007, empowered the coroner to summon any witness to assist him in his fact-finding mission, adding that there was nothing unusual in the summons extended to Joshua.