The Nation Newspaper

Tag: Oladele Ogundeji

  • Witness absence stalls Synagogue engineers’ trial

    Absence of the sixth prosecution witness on Thursday stalled the trial of two engineers that handled the collapsed Synagogue Church of All Nations building.

    The engineers are Akinbela Fatiregun and Oladele Ogundeji.

    They are standing trial before a Lagos High Court, Ikeja, the News Agency of Nigeria (NAN) reports.

    The Lagos State Director of Public Prosecutions (DPP), Mrs. Idowu Alakija, told the court that the sixth prosecution witness was overseas.

    “PW6 was expected to come in for this matter from overseas, but we received a last minute phone call from him that he would not be able to make it to the country,” the DPP told the court.

    “I humbly request that the court gives us at least a week to enable our witness come to court.”

    There were no objections to the request by defence counsel – Chief Efe Akpofure (SAN), Mrs. Titi Akinlawon (SAN) and Mr. Olalekan Ojo.

    Justice Lateef Lawal-Akapo consequently adjourned the case to February 17 for continuation of trial.

  • 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: Court rules on video evidence Tuesday

    Synagogue: Court rules on video evidence Tuesday

    Justice Lateef Lawal-Akapo will on Tuesday rule on the admissibility of a video recording of the six- storey guest house that collapsed at the Synagogue Church of All Nations two years ago.

    Justice Lawal-Akapo took the decision after listening to arguments of prosecution and defence counsel in the ongoing trial of trustees of the church and their engineers.

    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 are facing trial for the September 12, 2014 building collapse that killed about 116 persons.

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

    At the resumed trial on Monday, the Director, Directorate of Public Prosecution (DPP) Mrs. Idowu Alakija, sought permission of the court to tender the compact video CD and for it to be admitted as evidence.

    ‎But the star witness, Mr. Olutoyin Ayinde, a former Lagos State Commissioner for Physical Planning and Urban Development, requested to watch the video CD to ascertain the content before being led in evidence on it by the DPP.

    But the defence asked the court to dismiss the request.

    First to raise objection was counsel to the second defendant, Chief E.L Akpofure (SAN).

    Akpofure said: “I am objecting my Lord in the first place to the admissibility of document sought to be tendered by the prosecution because it has been labeled by the witness as being computer generated.

    “Going by the evidence of the witness who said ‘until I watch the CD, I won’t be in a position to ascertain whether this is the video I am referring to in my evidence.

    “This witness is not in a position to tender this evidence until he sees the content and identifies same.

    “This document is labeled as a Certified True Copy (CTC) of planning permit, which has nothing to do with the video the witness is talking about and from his own evidence, the computer that produced the recording was not operated by him.”

    Another Senior Advocate of Nigeria, Mrs. Titi Akinlawon, counsel to third and fifth defendants, in her objection, argued that only the maker of a document can tender it as evidence according to Section 83 of the Evidence Act.

  • Prosecution files new evidence against Synagogue trustees, engineers

    Prosecution files new evidence against Synagogue trustees, engineers

    The prosecution handling the trial of Trustees of the Synagogue Church of all Nations  and the two engineers involved in the construction of the ‎collapsed six-storey  church guest house, Messrs Oladele Ogundeji and Akinbela Fatiregun, has filed new proof of evidence against the defendants.

    The documents which were filed before the Lagos High Court, Ikeja and presided by Justice Lateef Lawal-Akapo and served on the counsels to the defendants on Wednesday made it impossible to commence trial against them for the second time.

    The court on May 23 disallowed a prosecution witness from giving testimony in the matter following objection raised by counsel to the registered trustees of the church (first defendants), Chief Lateef Fagbemi (SAN), that the witness statement was not forwarded to the defence team by the prosecution led by the Director of Public Prosecution (DPP), Mrs. Idowu Alakija, as stipulated by law.

    Counsels to other defendants, Chief Efe Akpofure (SAN), Mrs. Titi Akinlawon (SAN), and Olalekan Ojo had aligned themselves with the objection raised by Fagbemi.

    Justice Lawal-Akapo had in his ruling last week directed the prosecution to furnish the defence with the statement of the prosecution witness, Adebayo Musiliu Olayinka, who was not allowed to testify before the court by the defence counsel.

     

  • Synagogue engineers granted bail

    Synagogue engineers granted bail

    The two engineers who handled the construction of the collapsed six-storey guest house at the Synagogue Church of All Nations were on Tuesday granted bail in the sum of N10 million each by the Lagos High Court, Ikeja.

    The two engineers are – Oladele Ogundeji and Akinbela Fatiregun.

    Ruling on the bail applications filed through their lawyers, Mrs. Titi Akinlawon (SAN) and Olalekan Ojo respectively,‎ the trial judge, Justice Lateef Lawal-Akapo, said the defendants must also produce two sureties in like sum.

    However, Justice Lawal-Akapo, ordered that one of the sureties must be a civil servant on grade level 14 in the Lagos State Civil Service.

    In addition, the judge said the second surety must provide evidence of tax payment for the last three years and also swear to an affidavit of means.

    He also ordered the contractors to submit their travel documents to the Chief Registrar of the High Court of Lagos State.

     

  • 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.”
  • Synagogue trustees, engineers to be arraigned February 18

    Synagogue trustees, engineers to be arraigned February 18

    Trustees of the Synagogue Church of All Nation and the two engineers that handled the construction of the church’s six- storey building that collapsed September 12, 2014 will be arraigned before a Lagos High Court, Ikeja , on February 18.

    This followed the dismissal of the application filed by the engineers, Oladele Ogundeji and Akinbela Fatiregun and their companies, Hardrock Construction and Engineering Company and Jandy Trust Limited seeking to set aside the verdict of the Lagos Coroner court which inducted them for the collapsed building.

    A total of 116 persons mostly South Africans died in the incident.

    The court presided by Justice Lateef Lawal-Akapo fixed the date on Monday, after dismissing the separate applications filed by the two engineers, seeking to stop their prosecution for lacking in merit.

    The Lagos State Government had late last year slammed a 111- count criminal charge against trustees of the church, the two engineers and their companies.

    The court had on December 11, 2015 granted an application by the prosecution to serve the fourth and fifth defendants through substituted means after several attempts to serve them were not successful.

    Justice Lawal-Akapo had also ordered the prosecution to paste the court papers on the front doors of the 4th and 5th defendants’ addresses in Alagbado and Ikeja areas of Lagos respectively.

    In addition, the judge ordered the prosecution to file photographic evidences featuring the sheriff pasting the court papers.

    The engineers on the other hand had challenged the legality of the court processes effected on them by the state government.

     

  • Synagogue: Court orders substituted service on engineers

    Synagogue: Court orders substituted service on engineers

    Justice Lateef Lawal-Akapo of a Lagos High Court, Ikeja, on Friday ordered that a substituted service be effected on the engineers that supervised the collapsed guest house belonging to the Synagogue Church of All Nations.

    The judge gave the order while ruling on the suit filed by the Lagos State government against the trustees of the church.

    Specifically, she directed that substituted service of the court process ‎ be effected on the contractors by pasting same on the front door of their addresses at 34, Akindele Street, off Kollinton Bus-Stop, Alagbado, Lagos State, and 42, Toyin Street, Ikeja, Lagos State respectively.

    The court also ordered that photographic evidence showing the Sheriff of court pasting same should be tendered before the court.

    The engineers – Oladele Ogundeji and Akinbela Fatiregun are the fourth and fifth defendants in the criminal charge initiated by the Lagos State government against the defendants including The Registered Trustees of the Synagogue Church of All Nations (SCOAN), Hardrock Construction Company, and Jadny Trust Limited, who are first and third defendants in the charge respectively.

    Prior to the order of the court, counsel to the state government, Idowu Alakija, had informed the‎ judge of the existence of a “motion experte” dated December 11, 2015 and filed on the same date.

     

  • Lagos files 111 charges against Synagogue, others

    The Lagos State Government has filed a 111-count charge against the Registered Trustees of the Synagogue Church of All Nations and the engineers that allegedly constructed a building that collapsed and killed 116 people, mostly South Africans, on September 12 last year.

    The Monday arraignment of the five defendants was, however, adjourned till December 11 by Justice Lawal-Akapo of a Lagos State High Court sitting in Ikeja, due to the state’s inability to serve three of the defendants.

    The charges border on their alleged failure to obtain approval for the collapsed building contrary to Section 41 of the Urban and Regional Planning Laws of Lagos State and involuntary manslaughter contrary to Section 222 of the Criminal Law of Lagos State.

    The Registered Trustees of Synagogue comprises some leaders of the church, but only one member of the church Trustees was present at Monday’s proceedings. He represented the other Trustees.

    Synagogue founder, Prophet T.B. Joshua, was not named as a party to this suit.

    A Coroner Inquest set up by Lagos State and presided over by Magistrate Oyetade Komolafe, ruled on August 7 that Synagogue and its contractors were essentially negligent in the collapse of the six-storey guesthouse.

    The defendants in the suit are – the Registered Trustees of Synagogue Church of All Nations, Hardrock Construction and Engineering Company, Jadny Trust Limited, Oladele Ogundeji and Akingbola Fatiregun.

  • Court to Synagogue engineers: You must face trial

    Court to Synagogue engineers: You must face trial

    The Federal High Court in Lagos on Monday dismissed applications by two engineers who built the collapsed six-storey guest house of the Synagogue Church Of All Nations (SCOAN).

    Justice Ibrahim Buba dismissed their fundamental rights enforcement suits which sought to prevent their arrest.

    He said they lacked merit.

    The engineers – Oladele Ogundeji and Akinbela Fatiregun – had sought to prevent their trial over the fatality which occurred in September 12 last year, killing 116 persons.

    They urged the court to restrain Lagos State government and the police from inviting, arresting or prosecuting them after they were indicted by a District Coroner, Oyetade Komolafe, a magistrate.

    After an inquest, the coroner held in his verdict that the building collapsed due to structural defects.

    He recommended the engineers for investigation and prosecution for alleged criminal negligence.

    Ogundeji and Fatiregun filed two suits against the Lagos Commissioner of Police, the Council for the Regulation of Engineering in Nigeria (COREN), the Lagos Attorney-General and Komolafe.

    They sought a declaration that “the findings and recommendations of the fourth respondent (Komolafe) as contained in his verdict dated 8th July, 2015 as they relate to the applicants’ indictment for prosecution for criminal negligence and recommendation for prosecution for criminal negligence by the first to third respondents are invalid, null and void and of no effect, whatsoever.”

    The applicants prayed the court to declare that the police lack the power to act on the coroner’s verdict to investigate or prosecute them.

    Among others, they wanted the court to perpetually restrain the Attorney-General or any officer under his authority from initiating or commencing criminal proceedings against them on the basis of the coroner’s findings and recommendations.

    The engineers had, through their lawyer, Mr. Olalekan Ojo, rejected the coroner’s verdict, describing it as “unreasonable, one-sided and biased.”

    But the respondents, in a preliminary objection, contended that the applicants’ main complaint is not for enforcement of their fundamental human rights but to challenge the Coroner’s verdict.

    Dismissing the application, Justice Buba held the engineers did not make a successful case that their rights were about to be infringed.

    He ruled on one of the applications and adopted it for the second engineer’s similar application.

    According to him, the Coroner’s Law was an enactment of the Lagos State House of Assembly constitutionally empowered to make laws.

    “The Federal High Court cannot dabble into the affairs of the state and start dishing out injunctive orders,” said the judge.

    Upholding the respondents’ preliminary objection, the judge added: “The coroner’s inquest is not a court of law. It does not find anybody guilty. It only recommends.”