The Coroner handling an inquest into the Synagogue Church of All Nations (SCOAN) building collapse that killed 116 persons at Ikotun, a Lagos suburb, yesterday pardoned witnesses who did not appear to give evidence, including Prophet Temitope B. Joshua.
Coroner Oyetade Komolafe arrived at his decision following the heavy rainfall earlier in the day, which hindered human and vehicular movement for several hours.
Joshua and the building contractor were among witnesses expected to give evidence but did not turn up at the proceeding which did not start until about 11am.
Komolafe said the witnesses who did not appear before the court challenged its authority, but were excused because of the “natural situation”
As the court was making the announcement of the witnesses’ pardon, the church’s lawyer, Olalekan Ojo, informed the court that both the prophet and contractor were yet to be served their witness summons.
Ojo, who said he did not want the court to be misled into believing that Prophet Joshua shunned the order to appear, stated that the witness summons was not served on the prophet personally as required by law.
“There is need to make certain clarifications and that is why I wish to inform this court that no witness summons has been served on Prophet T.B. Joshua. It was on Friday or Monday that the court Bailiff attempted to effect service on the prophet but unfortunately, he was not around.
“As the chief mourner, the prophet has been getting in touch with the affected families. I was informed that the Bailiff merely gave the summons to one of the evangelists or church workers and so, cannot depose to an affidavit that Prophet T.B. Joshua received the summons,” he said.
Arguing further, Ojo said the Administration of Criminal Justice Law, 2011 requires that a witness summons must be served on the witness personally, which has not been done.
Ojo also told the court that he does not think the contractor would have been served personally since the court does not know his name and address.
He undertook to provide the court the details of the contractor within 48 hours as well as ensure that the contractor appears at the appropriate time.
While insisting it was not quarrelling nor fighting anyone, Komolafe said the essence of service was to put it to the attention of the witness that his attention was needed in court.
The Coroner said under Order 5 of the Magistrate Civil Procedure Rules, 2009, in which the Coroner is empowered, the court can serve the church’s counsel if it was proved difficult to serve Prophet Joshua following his status.
But Ojo said that with witness summons being a criminal service which breach attracts penalty, the law does not allow such service on counsel.
In order not to prolong the matter since the day was far spent, the Coroner said the court would do the needful.
“We will do the needful but T.B. Joshua as the chief mourner must help the court to help him. We do not want to inflict more pain. A word is enough for the wise. He should help himself by not putting himself at variance with the law. Any prophet that claims to serve God should be obedient to the law of the land.”
Referring to the church’s Chief Security Officer (CSO), Komolafe asked when Joshua would be around so that he could be served.
The CSO said he only sees the prophet when he is available, adding that “as a man of God, Prophet Joshua may go to the mountain at anytime and I won’t be able to see him.”
When asked how often Joshua goes to the mountain, the CSO said: “As the spirit leads”.
Komolafe said: “When will he come to preach in your church? Will he not be in your church on Sunday? Tell Prophet T.B. Joshua to let you know when he will be around or do you want me to ask the Ikotun DPO to lay siege to the place?
“Tell your prophet to come and show his face not the one on pictures. I do not want us to quarrel. I am doing all this so that at the end, everyone would have been satisfied we have done the needful.”
Earlier, the General Manager, Lagos State Emergency Management Agency (LASEMA), Dr. Femi Oke-Osanyintolu said they were delayed access into the scene but were not stopped from working by church members.
He told the court that he was assaulted but only reported same to the Ikotun DPO who was on ground and the church’s CSO.
Osanyintolu told the court that from his observation, bodies recovered from the scene were not dismembered and unburnt.
He added that he was not surprised if Prof. John Obafunwa, the state’s Chief Medical Examiner (CME) stated the some bodies were disjointed.
He said they received a distress call at about 12.45pm on September 12 that a five-storey building collapsed but on getting to the scene, he observed it was a six-storey building.
Osanyintolu told the court that as at yesterday, the agency had not been able to get the exact time the building collapsed.
When asked on the contradictory statement he made as regards being in control of the scene and their inability to work effectively and efficiently, Osanyintolu said as a crisis manager, one of his duties during emergency is to calm tension of the public.
He stated that the police did not carry out their functions as expected because the crowd that was allowed in the scene of the mishap impeded their operation.
He said the dead bodies recovered from the scene were conveyed to the mortuary by members of State Emergency Monitoring Unit (SEMU) and members of the church.
Meanwhile, the physically challenged persons who had been carrying placards in defence of Joshua did not come yesterday. But some youths wearing T-shirts bearing the inscription “Citizen Group” flooded the court premises.
Similarly, scores of SCOAN members and sympathisers occupied the court such that lawyers and other stakeholders could not find seats.
Due to the rowdy development in the courtroom because of the crowd, the Coroner threatened to bar them from entering the courtroom unless they coordinate themselves well.
