The information brought joy to the heart of the church members at the inquest. So happy was the counsel to the church that he said: “Thank you very much.”
The information, which brought about this mood was supplied by a police witness and Divisional Police Officer (DPO) at Ikotun, Haruna Alaba, a Chief Superintendent (CSP). Alaba yesterday said there is a possibility of controlled demolition of the Synagogue Church of All Nations (SCOAN) on September 12, which killed 116 people at Ikotun, a Lagos suburb.
But Coroner Oyetade Komolafe was not so taken in. It ordered the police to provide Certified True Copy (CTC) of the Ikotun division police diary from September 12 to 18.
Coroner Komolafe ordered the church to provide the CCTV footages of activities at the scene from the day of the incident to the last day of rescue operation. But Alaba said from the CCTV footage he watched, the building came down as if controlled.
The DPO told the court that the police had about 12 vehicles at the church premises on the day of the incident, including three others that were donated by (Joshua’s) Emmanuel TV.
He said all possibilities, including structural defect and sabotage from external forces, were being investigated, just as he admitted not demanding the manifest of occupants or the original CCTV footage in the course of his investigation.
Alaba indicated that there were lots of security lapses at the church and area, which might have resulted to sabotage.
He told the court that though it was not the first time aircraft would fly in the Ikotun area, the “strange aircraft”, according to eyewitnesses, flew so low that it mitigated unprecedented fear.
The DPO said he was the first person to arrive the scene after receiving a call from the command control room, asking the Area M, Idimu Command to investigate a purported strange aircraft at Ikotun.
He said the police contacted police officers attached to the airport the same day to find out if there was any training, adding that but no reply came.
Alaba said he did not know if the Nigeria Airspace Management Agency (NAMA) had provided information relating to identities of people who flew the aircraft to the police.
When asked if the anti-bomb unit of the police came to the scene, the DPO said he did not know and would have to refer to the division’s diary since the team must have booked its arrival before proceeding to the site. He added that even if it did, whatever it might have detected would be under the rubble.
The DPO added: “The police and other agencies involved in the rescue operations had tough time controlling the crowd at the scene and the entire premises. We did not use force in managing the crowd. Those looking for their loved ones were ready to die and if we had used unnecessary force, we would have had more problems.
“We provided adequate security and enabling environment for rescuers to do their job. Without security, some corpses may have been missing because some families had come with caskets, demanding their loved one.
“I did not request names or contact details of the contractor that day because my investigation had not got to that stage. I did not also ask for the manifest. I did not request the original CCTV footage covering the scene of the incident because it would not fly away. Nobody complained at the station but people called the control room to report it. No one has been arrested to the best of my knowledge.”
“Church members from the first day used the method of creating holes to allow trapped victims come out. I saw church members crawling under the collapsed building to bring people out. I did not see NEMA or LASEMA crawling.
“LASEMA did not come with any ambulance on the first day; they came with one bus.In fact, the church brought so many ambulances to help rescue workers carrying out their operations. For each of the ambulances used for the operation, policemen were attached to ensure a hitch free movement to the hospital. We had a hitch-free rescue operation with all the rescue workers.”
When the LASEMA boss came to me to complain that he had a hectic time getting to the site, I apologised and also called his attention to the crowd around the collapsed scene,” the police officer further said.
Insisting on the need for investigation into possible sabotage as being the cause of the collapse, he added that there are lots of security lapses which could have led to sabotage in the incident.
“The aircrafts seen on the day of the incident flew at a very low altitude across the guest house, and that drew our attention. The church members have no business in granting or denying access to anyone who wants access to the collapsed site and the church security men acted on the instruction of the police under my command,” said Alaba.
The General Manager, Lagos State Emergency Management Agency (LASEMA), Dr. Femi Oke-Osanyintolu, during cross examination, denied that the CCTV footage shown to him was for the second day and not the first day as stated by the church.
Komolafe directed that all CCTV footages on the incident be brought before the court to enable the cross-examination of witnesses on the footage already tendered before the court.
The matter has been fixed for continuation on November 19 while Prophet Joshua and the contractor are expected on November 20.
On Wednesday, the Coroner pardoned witnesses who did not appear to give evidence, including Prophet Joshua.
Coroner 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 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.”
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.
Meanwhile, Lagos State yesterday urged the Federal High Court to dismiss a suit filed by a lawyer, Mr Olukoya Ogungbeje, seeking an injunction stopping the inquest.
The state is contending in objection to the suit that the inquest was not set up to convict anyone, and that the applicant lacks the locus standi (legal right) to institute the action.
The state, its Attorney-General and Commissioner for Justice Mr Adeola Ipaye and Komolafe are the respondents.
Ogungbeje had argued that the inquest’s composition negated the principle of natural justice and Section 36 of the 1999 Constitution, and therefore was unconstitutional.
The lawyer said it was constituted after the state’s agencies had indicted the church’s founder Prophet T.B Joshua by concluding that he added structures on the building without approval.
But Lagos, in a counter affidavit deposed to by a Senior State Counsel in the Ministry of Justice Moradeke Oladunjoye, said the inquest was initiated due to public outcry and in line with the law.
According to the state, the inquest is not a court, but was set up to unravel the cause of the building’ collapse to prevent a recurrence.
Lagos admitted that the preliminary investigation carried out by its Building Control Agency revealed that the church never got approval for the additional structures on the collapsed building.
Besides, government argued that Ogungbeje lacked the locus standi to file the suit as he was neither a member of the Synagogue Church, nor was he personally affected by the inquest.
Hearing was stalled in the case yesterday before Justice Ibrahim Buba because Ogungbeje, who was served with the counter-affidavit in court, said he needed time to respond to it on points of law.
Justice Buba adjourned till November 10 for hearing.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 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.”
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.
Meanwhile, Lagos State yesterday urged the Federal High Court to dismiss a suit filed by a lawyer, Mr Olukoya Ogungbeje, seeking an injunction stopping the inquest.
The state is contending in objection to the suit that the inquest was not set up to convict anyone, and that the applicant lacks the locus standi (legal right) to institute the action.
The state, its Attorney-General and Commissioner for Justice Mr Adeola Ipaye and Komolafe are the respondents.
