Justice Lateefa Okunnu of a Lagos High Court on
Friday dismissed an application filed by the Synagogue
Church of All Nations and its founder, Prophet
Temitope Joshua against the Coroner's Inquest
investigating the collapse of a six-storey building
belonging to the church.
The judge dismissed the application, which was
seeking to halt the ongoing coroner's inquest into the
collapsed guest house for being premature and lacking
in merit.
The Lagos State Government inaugurated the
Coroner’s Inquest 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 building collapse of September 12, 2014,
and bring its findings and recommendations to the
appropriate authorities.
The coroner's inquest presided over by Chief
Magistrate Oyetade Komolafe had summoned Prophet
Joshua alongside others to appear before it to testify
in the ongoing inquest.
But instead of appearing as summoned, T.B Joshua
and his church instituted a suit against the coroner's
court and the presiding Magistrate, Komolafe, seeking
a judicial review of the coroner's inquest into the
September 12, 2014 collapse.
They had in the application dated November 11, 2014
and marked ID/188MJR/2014 asked the court to
declare that the coroner had exceeded the jurisdiction
of a coroner's court by delving into areas that were
beyond its scope.
Specifically, SCOAN through its counsel, Chief Lateef
Fagbemi (SAN) had prayed the court to stay further
proceedings of the inquest and suspend further
actions on his (Joshua's) invitation to appear to give
evidence before it, pending the determination of his
suit against Komolafe before the High Court.
Fagbemi 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.
Komolafe was also accused of being bias and
demonstrating a personal interest in the matter.
The respondent's counsel, Mr. Akinjide Bakare 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.
Ruling on the application yesterday, Justice Okunnu
while resolving all the issues raised in favour of the
coroner held that although the coroner's court cannot
be sued, but 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.
The judge said there was no evidence before the court
that the coroner had been biased against the applicant
and therefore dismissed the suggestion.
She also held that Komolafe as a coroner had the
prerogative to take evidence from any witness he
deemed relevant to reaching his conclusions.
"I find therefore the present application lacks merit
and has failed in its entirety. It is accordingly
dismissed," Okunnu said.
Meanwhile, at the resumed sitting of the Coroner's
Inquest yesterday, a Structural Engineer and
Consultant to the Lagos State Material Testing Agency,
Saheed Ariyori, revealed that he was not a professional
in sub-soil investigations.
Ariyori who being cross-examined by counsel to
SCOAN, Mr. Olalekan Ojo, further confirmed that he did
not participate in the generation of the sub-soil
investigation report already tendered before the court.
Ariyori had on Wednesday, March 4, 2015 told the
coroner that the six-storey building collapsed due to
faulty foundation.
The witness however confirmed that there were errors
in his calculations made before the court on March 4.
According to him, he only authored the report based on
what he read. He also admitted that he prepared it
overnight due to the urgency of the matter.
"We did integrity test on the rubbles that collapsed.
The report showed that the concrete used on the
collapsed building was good.
"Our investigation report did not show that there were
signs of stress on the foundation of the collapsed
building.
Further hearing on the inquest has been adjourned till
March 12, 2015.
Friday dismissed an application filed by the Synagogue
Church of All Nations and its founder, Prophet
Temitope Joshua against the Coroner's Inquest
investigating the collapse of a six-storey building
belonging to the church.
The judge dismissed the application, which was
seeking to halt the ongoing coroner's inquest into the
collapsed guest house for being premature and lacking
in merit.
The Lagos State Government inaugurated the
Coroner’s Inquest 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 building collapse of September 12, 2014,
and bring its findings and recommendations to the
appropriate authorities.
The coroner's inquest presided over by Chief
Magistrate Oyetade Komolafe had summoned Prophet
Joshua alongside others to appear before it to testify
in the ongoing inquest.
But instead of appearing as summoned, T.B Joshua
and his church instituted a suit against the coroner's
court and the presiding Magistrate, Komolafe, seeking
a judicial review of the coroner's inquest into the
September 12, 2014 collapse.
They had in the application dated November 11, 2014
and marked ID/188MJR/2014 asked the court to
declare that the coroner had exceeded the jurisdiction
of a coroner's court by delving into areas that were
beyond its scope.
Specifically, SCOAN through its counsel, Chief Lateef
Fagbemi (SAN) had prayed the court to stay further
proceedings of the inquest and suspend further
actions on his (Joshua's) invitation to appear to give
evidence before it, pending the determination of his
suit against Komolafe before the High Court.
Fagbemi 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.
Komolafe was also accused of being bias and
demonstrating a personal interest in the matter.
The respondent's counsel, Mr. Akinjide Bakare 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.
Ruling on the application yesterday, Justice Okunnu
while resolving all the issues raised in favour of the
coroner held that although the coroner's court cannot
be sued, but 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.
The judge said there was no evidence before the court
that the coroner had been biased against the applicant
and therefore dismissed the suggestion.
She also held that Komolafe as a coroner had the
prerogative to take evidence from any witness he
deemed relevant to reaching his conclusions.
"I find therefore the present application lacks merit
and has failed in its entirety. It is accordingly
dismissed," Okunnu said.
Meanwhile, at the resumed sitting of the Coroner's
Inquest yesterday, a Structural Engineer and
Consultant to the Lagos State Material Testing Agency,
Saheed Ariyori, revealed that he was not a professional
in sub-soil investigations.
Ariyori who being cross-examined by counsel to
SCOAN, Mr. Olalekan Ojo, further confirmed that he did
not participate in the generation of the sub-soil
investigation report already tendered before the court.
Ariyori had on Wednesday, March 4, 2015 told the
coroner that the six-storey building collapsed due to
faulty foundation.
The witness however confirmed that there were errors
in his calculations made before the court on March 4.
According to him, he only authored the report based on
what he read. He also admitted that he prepared it
overnight due to the urgency of the matter.
"We did integrity test on the rubbles that collapsed.
The report showed that the concrete used on the
collapsed building was good.
"Our investigation report did not show that there were
signs of stress on the foundation of the collapsed
building.
Further hearing on the inquest has been adjourned till
March 12, 2015.
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