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Tag: Justice Lateef Lawal-Akapo

  • Synagogue engineers have case to answer, court rules

    Synagogue engineers have case to answer, court rules

    A Lagos High Court in Igbosere Thursday dismissed the no-case submission filed by the Registered Trustees of the Synagogue Church of All Nations (SCOAN) and two engineers, Ms Oladele Ogundeji and Akinbela Fatiregun.

    Justice Lateef Lawal-Akapo upheld the prosecution’s contention that the no-case submission lacked merit.

    The judge adjourned till April 27 for the defence to open its case.

    Ogundeji and Fatiregun, through their firms Hardrock Construction and Engineering Company and Jandy Trust Ltd, allegedly built a six storey building for SCOAN which collapsed on September 12, 2014, killing 116 people.

    They are facing a 110-count charge of involuntary manslaughter preferred against them by the Lagos State Government.

    The state also filed a one-count charge of building without approval against the SCOAN Registered Trustees.

    Lagos State Directorate of Public Prosecutions (DPP) Ms P. K. Shitta-Bey said the defendants violated Section 75 of the Urban and Regional Planning Law of Lagos State 2010, as well as Section 222 of the Criminal Law of Lagos State, 2011.

    The defendants were arraigned on April 19, 2016.

    They pleaded not guilty.

    The prosecution subsequently opened its case.

    However, upon the close of the prosecution’s case in October 2017, the defendants, rather than enter their defence, filed a ‘no-case’ submission. They contended that the prosecution failed to establish a prima facie case against them and urged the court to quash the charge.

    This was opposed by the prosecution.

    Read Also: Synagogue procured false prototype of collapsed building – Witness

  • Architect jailed for defrauding SAN of N2.5m

    A 54 -year -old architect, Moses Kola Olayemi, has been sentenced to two years imprisonment for impersonation and defrauding a senior advocate of Nigeria, Dr. Aliyu Salman of N2.5 million.

    Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja, jailed Olayemi in a judgement delivered on Thursday.

    Justice Lawal-Akapo found the convict guilty of conspiracy, fraud and impersonation as charged by the Economic and Financial Crimes Commission (EFCC).

    The EFCC had arraigned Olayemi before the court on an amended four count charge.

    The judge held that the prosecution has proved its case beyond reasonable doubt.

    Part of the charge against the convict reads: “That Moses Kola Olayemi and one Akpan now at large on March 21, 2013 at Iyana Ipaja with intent to defraud conspired to commit a felony, to wit: obtain various sum of money from Dr. Aliyu Salman (SAN) being part payment of the National Assembly Committee screening fee for a purported Federal Government appointment of the said Dr. Salman.”

    His offence of conspiracy to obtain money by false pretence, the EFCC said, is contrary to Section 8(a) and 1(3) of Advance Fee Fraud and Other Related Act no 11 of 2006.

     

     

  • Student, two others sentenced to death by hanging

    Student, two others sentenced to death by hanging

    A High Court of Lagos State  sitting in ‎Ikeja has sentenced three persons to death by hanging by the neck till death.

    The ‎convicts included a student who doubles as a commercial motorcyclist, Ganiyu Hassan, an aluminium worker,  Wasiu Arepo, and a driver, Oluwaseun Idowu.

    The court presided by Justice Lateef Lawal- Akapo found the convict guilty on a four count charge of conspiracy, armed robbery and murder contrary to Section  402 subsection 2(a) of the Criminal Code Law of Lagos State, 2011, and Section 319 subsection 1(a) of Criminal Code Law of Lagos State, 2011.

    According to the prosecutor, Mrs. Aderonke Akande, the convicts committed the offence on February 5, 2011 at Aleke village, Imota at 2 a.m.

    The convicts were said to have stormed the house of their victims, one Mrs Adijatu Bakare and her husband, Abubakar.

    It was said that on gaining entry into the residence of their victims, they demanded from the husband to produce the money he withdrew from the bank a day before.

    During their operation, one of the convicts, Arepo, shot Abubakar in the chest after which they ransacked the house and carted away N15,000 cash and other valuables.

    Their victim, Abubakar was left in the pool of his blood. He was reported to have. died on his way to the hospital.

    Nemesis however caught up with the convicts as they were caught about two hours after the incident by the vigilante group in a nearby community where they lived and had gone to hide.

    The wife of the victim reported the matter at Imota police station and was able to identify one of the convicts whom she had seen  during the robbery operation.

    However, during the trial, the convicts had pleaded not guilty and denied involvement in the incident.

    They claimed that they were at home on the night of the incident.

    But in his judgement, Justice Lawal-Akapo said the prosecution had proved beyond reasonable doubt that the convicts committed the crime.

    “The three accused, agreeing that they slept in the same room on the day of the incident, showed they know each other and were arrested at the same place at 4 a.m. on the day of the incident.

    “They did not prove that they were somewhere else when the incident happened .

    “The prosecution had proved beyond  doubt the offence of conspiracy and murder against the accused. They are therefore sentenced to death by hanging,” the judge said.

  • Synagogue: Court admits video footage in evidence

    A Lagos High Court sitting in Ikeja on Tuesday admitted in evidence the video footage of how the Synagogue Church of All Nations guest house collapsed two years ago in Lagos.

    The court ‎presided by Justice Lateef Lawal-Akapo in a ruling admitted the compact disc containing the video footage of the incident after it was played in court on Tuesday.

    The Lagos State government had arraigned the trustees of the church, the two engineers – Messrs Oladele Ogundeji and Akinbela Fatiregun and their companies – Hardrock Construction and Engineering Company and Jandy Trust Limited in court over the September 12, 2014 building collapse that killed 116 persons.

    The defendants are facing 111- count charge bordering on criminal negligence, manslaughter and failure to obtain building permit

    At the resumed hearing of the matter, the defence led by Chief Efe Akpofure (SAN) objected to the footage being admitted as evidence because it was computer generated, irrelevant and a copy of the original.

    Akpofure also pointed out that a witness for the state, Mr. Olutoyin Ayinde, a former Commissioner for Physical Planning and Urban Development, in his evidence had said he could not identify the content of the CD until he watches it to ascertain the content.’

    But Justice Lawal-Akapo dismissed the objection of the defence due to lack of merit.

  • ‎Synagogue: Collapsed building not caused by aircraft- witness

    ‎Synagogue: Collapsed building not caused by aircraft- witness

    A Lagos High Court sitting in ikeja heard yesterday that there was no truth in the report that the collapsed guest house of the Synagogue Church of All Nations (SCOAN) was caused by radiation from a plane that flew over it.

    A former Commissioner for Physical Planning and Urban Development‎ in Lagos state, Mr Olutoyin Ayinde, made this assertion yesterday during the continuation of his evidence in the matter.

    Ayinde told the court presided by Justice Lateef Lawal-Akapo that contrary to  claims of the church, evidences at his diaposal suggested otherwise.

    The ‎ former Commissioner who was being led in evidence by the Director, Directorate of Public Prosecution (DPP),Mrs. Idowu Alakija stated that he visited the site of the collapsed building with former Governor Babatunde Fashola alongside two General Managers of the agencies under his ministry.

    He said that during their visit to the site of the building collapse, the General Overseer of the church gave them a CCTV  recording of an aircraft hovering over the building shortly before it’s collapse.

    He added: “My office wrote to the Nigerian Civil Aviation Authority  (NCAA) seeking advice on the CCTV recording we received.

    “ We got the flight corridor and coordinates as well as a report from the NCAA which showed that the distance between the aircraft and the top of the building is between  137 and 288 meters.

    “We found that the aircraft were not flying directly over the building, Ayinde said.”

    The former Commissioner explained that the least distance from the top of the building to the nearest aircraft was 137 meters which he said is the equivalent of four  buildings, like NITEL building,  placed on top of each other.

    He also explained that evidence was collected from the site during his visit with Fashola.

    “We took pictures of the site as well as did a video recording of the visit of the delegation to the site, he said.”

    At this stage, the DPP, Mrs. Alakija, sought to tender the documents mentioned by Ayinde as evidence to the court.

    “My Lord, we seek to tender the application for building approval for the Synagogue Church auditorium, letter from the NCAA, flight path coordinates, the survey of the collapsed building as well as pictures as evidence, the prosecutor said.”

    The defence led by Mr Lateef Fagbemi (SAN) who is also representing the trustees of the church objected to the tendering of the documents.

    Fagbemi said they oppose the admission of the documents because they were just being served as additional proof of evidence by the prosecution.

    ”We need to have previous knowledge of what is in those documents to enable us confer with our clients”, he said.

    Justice Lateef Lawal-Akapo, told the  counsel to come up with dates for adjournment to enable them examine the documents.

    The lawyers, however, could not agree on a date for adjournment and the judge had to impose a date on them.

    After waiting for some time, the trial judge ruled on the counsels and fix fresh dated for hearing.

    “I waited patiently for counsel to come up with a date but they couldn’t, I have no choice but to impose these dates on counsel.

    “This case is adjourned to June 27, 28 and 29 for continuation of trial, Akapo said.”

    ‎The trustees of the church, two engineers,Messrs Oladele Ogundeji and Akinbela Fatiregun and their companies, Hardrock Construction and Engineering Company and Jandy Trust Limited are facing trial for the September 12, 2014 collapsed guest house.

    The state government has filed 111 charges bordering on criminal negligence, manslaughter and failure to obtain building permit were brought against the defendants.

  • ‎Synagogue auditorium has no permit, says witness

    ‎Synagogue auditorium has no permit, says witness

    A Lagos High Court sitting in Ikeja heard yesterday that the auditorium of Synagogue Church of All Nations (SCOAN) have no valid building permit.

    Former Lagos State Commissioner for Physical Planning and Urban Development, Mr Olutoyin Ayinde, made this revelation before the court presided by Justice Lateef Lawal-Akapo.

    The witness in-chief was being led

     in evidence by the Director of Public Prosecution (DPP), Mrs. Idowu Alakija in the ongoing trial of two engineers of the church, Messrs Oladele Ogundeji and Akinbela Fatiregun and their companies, Hardrock Construction and Engineering Company and Jandy Trust Limited.

    ‎They are facing 111-count charge for their involvement in the September 12, 2014 collapse of a six-storey guest house belonging to the church, which led to the death of 116 persons.

    The state government has brought the charges  which bordered on criminal negligence, manslaughter and failure to obtain building permit were brought against them by the Lagos state government.

    Ayinde, a consultant urban planner and a fellow  of the Institute of Town Planners Registration Council of Nigeria‎ said his preliminary investigation into the incidence showed that the permit given to the church did not cover the site of the collapsed building.

    “The building collapse occurred on a Friday, I got in touch with the District Officer of the Lagos State Physical Planning Permit Authority  (LASPPPA) to confirm if the Synagogue Church had any building approval in the system.

    “The Electronic Document Management System was searched and the only building approval for the church  did not cover the site of the collapse building.

    Ayinde further told the court that the permit given to the church covered only the auditorium.

    The former Commissioner said that a building approval  is normally issued to enable owners of buildings to be adequately compensated in the event of road construction or compulsory acquisition by the government.

    He said: “The document, a five – storey building approval  was meant for the church auditorium but as at the time of the collapse, the church auditorium had gone from five floors to eight floors.

    “By the Ministry’s definition, the approval the church had for the auditorium is no longer valid and there was no application for approval registered for the collapsed building”.

    He stated further that the Building Control Agency pasted their sticker on the auditorium because it had surpassed the approved five – storeys building.

    He said no sanction was placed on the other building of the church because it had already collapsed.

    Asked of his role when he served  as a Commissioner during the administration of the former governor of the state, Mr Babatunde Fashola.

    He said: “as a Commissioner,  I occupied a supervisory role over the Ministry of Physical Planning and Urban Development and it’s three agencies.

    “The three agencies are; the Lagos State Physical Planning Permit Authority (LASPPPA), Lagos State Building Control Agency (LASBCA) and the Lagos State Urban Renewal Agency (LASURA), he noted.”

    Ayinde further told the court that

    there were too many first responders  at the site of the collapse building on his first visit.

    “I visited the site two days after the collapse as I was attending a retreat outside Lagos when the incident occurred.

    “With me were the General Managers of LASPPPA and LASBCA as well as the Commander of the Rapid Response Squad (RRS) as an advanced team to receive Governor Fashola.

    “The first thing we noticed were there were too many first responders, many of whom were church members whom we ordered out of the site because they were clogging the responsibilities of the rescuers.

    “I gave a directive that the rescue work should stop at ground zero to enable the material testing laboratory to conduct tests on the foundation and columns on the debris”, he added.

    The trial judge,  Justice Lateef Lawal-Akapo, adjourned the matter till today for continuation of trial.

  • Synagogue: Court to rule April 19

    Synagogue: Court to rule April 19

    Justice Lateef Lawal-Akapo of an Ikeja High Court will  on April 19 decide whether or not to stay proceedings in the ongoing proceedings initiated by the Lagos state government against the registered trustees over the September 12, 2014 building collapse at Synagogue Church of all Nations.
    The decision of the court was sequel to various applications filed by the defendants before the  court seeking to s‎tay proceedings pending the determination of their appeals at the Court of Appeal.
    The September 12, 2014 collapse of the six-storey guest house led to the death of 116 persons, 85 of whom were South Africans. 

    In line with the recommendation of the coroner court, the state government had filed 11‎1 count charge against the engineers who designed the guest house; Oladele Ogundeji and Akinbela Fatiregun, their companies; Hardrock Construction and Engineering Company and Jandy Trust Limited alongside the trustees of SCOAN .

    The defendants are yet to be formally arraigned before the court as several applications were filed against their trial.
    At the resumed hearing on Friday, counsel to  Fatiregun, Mrs Titi Akinlawon (SAN) in an application dated March 3 prayed for an order adjourning further hearing pending the determination of her application before the Court of Appeal.

    Akinlawon said: “The essence of the application for adjournment is that the High Court ruled that the hearing notices served on the fifth defendant was proper, a ruling we are appealing at the higher court.”We also have before the court an application for a stay of proceedings to await the decision of the  Court of Appeal.

    “On this strength, I appeal that an adjournment be granted by this court.”

    Counsel  to Ogundeji and Jandy Trust Limited, Chief E.L Akpofure (SAN) in an application dated February  17 objected to the inclusion of Jandy Trust Limited as one of the defendants.

    Akpofure said “The issue here is very narrow, there is no evidence against the second defendant (Jandy Trust Limited), the second defendant was never mentioned by the witnesses for the state.

    “There is nowhere where it was stated that the second defendant was awarded the building contract.

    “The argument of the state that the trial of the second defendant to go on holds no water.

    “I urge your lordship to quash this information relating to the second defendant as there was no mention of my client in the proof of evidence.”

    Counsel to the trustees of SCOAN,  Mr Lateef Fagbemi (SAN) agreed with the submission of Akpofure that Jandy Trust Limited should be excluded from the charge.

    He said “I will submit that the concept of justice has no sentimental connotation, there have been no mention of the second defendant in the proof of evidence.”

    However, Mrs Idowu Alakija, the Director of Public Prosecution (DPP) objected to the applications of the defence to adjourn the matter.

    She said: “Section 273 of the Administration of Criminal Justice Law (ACJL) 2011 guides the proceedings of this court.

    “It’s ordinary and natural application disallows a stay of proceedings on criminal matters to be entertained before any judgment be given.

    “The rules of the Section are clear, the provision may seem novel, but it was created to stop frivolous cases and applications until judgment is given.

    “Since we filed the information,  so many applications have been filed by the defence, some were successful while others were withdrawn.

    “In finality, I submit that the rules guiding the proceedings in this court is the ACJL 2011 and we are urging your Lordship to dismiss the application of the fifth defendant.”

    After taking the submissions of counsels in the matter, ‎, the judge said “This trial is adjourned to Tuesday, April 19, 2016 for ruling.”

  • Judge orders doctor’s arrest for N1.2m ‘bribe’

    An Ikeja High Court in Lagos yesterday issued a bench warrant for the arrest of the Medical Director of the Federal Medical Centre (FMC), Owo, Ondo State, Dr Olufemi Omotoso.

    Justice Lateef Lawal-Akapo issued the warrant following Omotoso’s alleged persistently refusal to come for his for arraignment over an alleged N1.2 million bribe.

    Omotoso’s co-defendant, Ayo Owoka, a lawyer, was in court.

    Justice Lawal-Akapo expressed dissatisfaction that the arraignment could not take place because of Omotoso’s absence.

    He ordered operatives of the Economic and Financial Crimes Commission (EFCC) to arrest Omotoso and produce him in court on January 26.

    The EFCC charged the defendants to court for allegedly conspiring to offer a N1.2 million bribe to some of its officers on February 27.

    The defendants are facing a five-count charge of conspiracy, offering of gratification to a public officer and giving false information to a public officer.

    EFCC’s counsel Mr Babatunde Sonoiki said an EFCC team led by Mr Usman Zakari, was investigating a petition written against Omotoso for alleged fraud at the FMC.

    He said the money was offered to the team through Owoka to compromise investigation.

    Sonoiki also accused Omotoso of destroying his extra-judicial statement to the EFCC in order to evade prosecution.

    The offence, he said, contravened Section 64 (1) (a) of the Criminal Law of Lagos State of Nigeria 2011 and Section 39 (2) of the EFCC Act of 2004.