A
Federal High Court in Lagos has further adjourned till October 19, 2015
to hear two separate suits seeking to quash the coroner’s verdict on
the September 12, 2014 Synagogue Church Of All Nations building
collapse.
The suits were filed by the two
structural engineers contracted by SCOAN to build the collapsed
six-storey building, Messrs Oladele Ogundeji and Akinbela Fatiregun.
Ogundeji and Fatiregun had been indicted
of criminal negligence by a coroner who conducted an inquest into the
deaths of the 116 persons who lost their lives in the tragic incident.
The coroner, Mr. Oyetade Komolafe, had recommended that the state should investigate and prosecute them.
The state governor, Akinwunmi Ambode, had disclosed that his administration would implement the coroner’s recommendations.
But the engineers, through their lawyer,
Mr. Olalekan Ojo, rejected the coroner’s verdict and described it as
“unreasonable, one-sided and biased.”
They subsequently approached the court
asking that the coroner’s verdict and recommendations be invalidated and
pronounced null and void.
They urged the court to bar the Attorney
General of the state or any officer acting under his authority from
initiating or commencing criminal proceedings against the applicants on
the basis of the findings and recommendations of the coroner.
They also urged the court to declare
that the Commissioner of Police in Lagos State lacked the power to act
on the coroner’s verdict to investigate or prosecute them.
Justice Mohammed Idris, who entertained
separate ex parte applications by the engineers during the court’s
vacation, had on July 22, 2015 ordered that parties should maintain the
status quo pending the determination of the main suit.
The case however came up on Wednesday before Justice Ibrahim Buba to whom it has now been transferred.
At the resumed proceedings, Ojo informed
the court that though he had received a counter-affidavit filed in
opposition by theCouncil for the Regulation of Engineering in Nigeria,
his reply was filed out of time.
His said his clients intended to pay the penalty sum, adding that he needed a short stand-down to process the payment.
But Buba said rather than stand the case
down for a few minutes; he would be adjourning till a further date to
take all pending applications.
He subsequently adjourned further proceedings till October 19, 2015.
The pending applications include the
preliminary objection filed by the state challenging the court’s
jurisdiction to entertain the case.
The Solicitor General of the state, Mr.
Lawal Pedro (SAN), is contending that since the engineers were not
agents of the Federal Government, the Federal High Court lacked the
jurisdiction to entertain their case.
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