Tag: Oyetade Komolafe

  • PDP chief’s murder: Court hears suspects’ bail application Thursday

    A Lagos High Court in Igbosere will on Thursday hear five Peoples Democratic Party (PDP) members’ bail application following their remand for alleged murder.

    The applicants are Rotimi Kujore, Ismaila Abiola, Kehinde Fasasi, Fatai Adele and Amos Fawole.

    They were accused by the police of involvement in the killing of the PDP’s Apapa Local Government Area (LGA) Chairman, Adeniyi Aborishade, on July 21.

    Vacation judge Justice Emmanuel Ogundare fixed the date on August 16 following an application by their counsel, Mr K.O. Osinowo, seeking leave to apply for their bail.

    Osinowo brought the application by way of an August 7 motion ex parte, explaining that the matter was for urgent hearing.

    According to him, the defendants were being held for an offence they were innocent of.

    “They were in a meeting and one of them got shot,” Osinowo told the judge.

    Read Also: Saraki: PDP calls for arrest of Miyetti Allah leader

    He drew the court’s attention to the dismissal of the same charge against the Chairman of the PDP in Lagos State, Mr. Moshood Salvador and 10 others, by an Ikeja High Court, following a DPP report exonerating them.

    He said: “I believe that the same thing will also happen when the DPP’s advice concerning these defendants is out.”

    The police docked the men before Chief Magistrate Oyetade Komolafe of the Yaba Chief Magistrates’ Court on July 25 for alleged conspiracy and unlawful killing.

    Mr Komolafe granted the police’s request for their remand for 30 days in prison custody pending a Directorate of Public Prosecutions (DPP) advice on the case.

    But they challenged their detention at the high court.

  • Synagogue: Indicted engineers ask court to quash coroner’s verdict

    Synagogue: Indicted engineers ask court to quash coroner’s verdict

    Two structural engineers indicted in the six-storey Synagogue Church of All Nations’ building collapse have asked the Federal High Court in Lagos to quash the coroner’s verdict which found them culpable.

    The engineers – Oladele Ogundeji and Akinbela Fatiregun, filed two suits numbered FHC/L/CS/1095/15 and FHC/L/CS/1096/15 against the Lagos Commissioner of Police, the Council for the Regulation of Engineering in Nigeria (COREN), the state Attorney-General and the coroner, Mr. Oyetade Komolafe.

    They are challenging the July 8 verdict of an inquest into the death of 116 persons in the September 2014 building collapse in the church.

    The coroner court indicted Ogundeji and Fatiregun of criminal negligence and recommended them for criminal prosecution.

    Lagos State Governor, Akinwunmi Ambode, had indicated that the government would implement the coroner’s verdict, including filing of criminal charges against the church.

    Ogundeji and Fatiregun’s lawyer, Mr. Olalekan Ojo, told Justice Mohammed Idris on Wednesday that he filed ex-parte applications seeking to restrain the police from inviting or arresting them for questioning with a view to prosecuting them.

     

  • Synagogue yet  to send manifest, says pathologist

    Synagogue yet to send manifest, says pathologist

    •’116 died in building’
    •Lawyer seeks to stop inquest

    A coronary inquest into last month’s building collapse at the Synagogue Church of All Nations (SCOAN), Lagos, yesterday heard that victims of the disaster died from traumatic asphxia.

    The state Chief Medical Examiner (CME) and forensic pathologist, Prof. John Obafunwa made the disclosure during an inquiry before Magistrate Oyetade Komolafe.

    Obafunwa said though the conclusive medical report was not ready yet, there are reasons from autopsy to ascribe the cause of death to traumatic asphxia as a result of crush injury.

    He said a total of 116 people died from the incident, contrary to the official 86 given by the rescue agencies and the 115 death toll which was reported long after the operation ended.

    Obafunwa stated that 116th body was brought in on September 22, after a patient who sustained injury during the disaster passed on at the Lagos State University Teaching Hospital (LASUTH).

    He told the coroner that 46 bodies were deposited at Isolo General Hospital’s mortuary – six at LASUTH mortuary (before the death recorded on September 22) and 63 at the Mainland Hospital’s mortuary in Yaba.

    Explaining the role his team played, Obafunwa said that autopsy of external appearance, clothing and photographs were taken, while internal examination of various injuries were documented.

    The CME stated that only five families totalling 10 persons have turned up for DNA samples at the state pathology department, expressing fears that case of missing persons will arise if more families do not come forward to donate samples for identification. He disclosed that some of the bodies were already decomposed because of heat.

    Obafunwa stressed that the heat was not as a result of fire or explosion but because of the temperature variance underneath the rubble.

    The chief pathologist said  some of the bodies were mutilated, with severe cuts, multiple injuries, fractured ribs and bones, adding that following the decomposing nature, the bodies were embalmed.

    “We took samples of subsequent examination for the purpose of DNA analysis and the dental team moved in for dental charting. Prior to the commencement of the autopsy, the bodies were finger-printed. Five families came forward – two members from each.

    “All these were packaged in addition to 116 bone samples, 116 muscle samples of autopsy cases among others were shipped to the laboratory currently doing the DNA. At the moment, the autopsy report, dental report and photographs are being put together and will be included in the microscopic findings.

    “But we are awaiting three things before the final submission – report of the finger printing, DNA analysis and the list of those who might have been resident or working in the building. With all that, we should be able to come up with our final report,” said Obafunwa.

    Obafunwa said autopsy was performed on embalmed bodies that were decomposing.

    The church did not cross-examine Obafunwa on grounds that its needed time to study his deposition. The court obliged.

    In his evidence, the representative of the National Emergency Management Agency (NEMA), Ibrahim Farinloye, said they were not allowed to complete control of the disaster site.

    But the church, through its counsel, Lateef Fagbemi (SAN), said NEMA officials were let into the premises within five minutes with one vehicle.

    NEMA, however, said its men came with an Incident Response Vehicle (IRV) with about 30 equipment, adding that the church provided 11 ambulances that were used in evacuating the affected persons to hospitals.

    Meanwhile, the Federal High Court in Lagos has been urged to discontinue the inquest on the incident.

    A lawyer, Mr Olukoya Ogungbeje is seeking an order stopping Justice  Komolafe from sitting over further inquest hearings on the collapse.

    He joined the state, the Attorney-General and Commissioner for Justice Adeola Ipaye and Mr Komolafe as respondents.

    The state constituted on September 26 under its Coroner’s System Law No. 7 of 2007 to investigate the causes and circumstances of the collapse.

    The coroner, who began sitting on October 13, had visited locus in quo (scene of the event). He also summoned the church’s leader, T.B Joshua, to appear on November 5.

    Ogungbeje contended that the composition of the inquest negates the principle of natural justice and Section 36 of the Constitution, and therefore should be declared unconstitutional and null and void.

    He argued that if allowed to continue, the proceedings would occasion miscarriage of justice.

    The lawyer said the coroner would base his decision on the testimonies of the same state officials who indicted Joshua and his church.

    Ogungbeje said the Lagos State Emergency Agency (LASEMA), Building Control Agency, Traffic Management Agency (LASTMA) and others made public and prejudicial statements on  the cause of the incident.

    He said Joshua’s claim that an aircraft hovered over the building prior to its fall, and that it could have been sabotaged, was ignored.

     

  • Synagogue: T.B. Joshua, contractor to give evidence November 5

    Synagogue: T.B. Joshua, contractor to give evidence November 5

    A Lagos Coroner investigating the collapse of a building at the Synagogue Church of All Nations has fixed November 5 for Prophet Temitope Joshua and the contractor in charge of the building to give evidence.

    Magistrate Oyetade Komolafe fixed the date despite efforts by the church’s counsel, Jude Nnadi (SAN), to draw its attention to the fact that Joshua has no material evidence to give.

    Nnadi had explained to the court that the church may not field Prophet Joshua because he was not an eyewitness, but Komolafe insisted that the prophet must appear as summoned for the purpose of investigation.

    The Nigeria Police Force will also give evidence on that day, while South Africa, Standard Organisation of Nigeria (SON) and the office of the Surveyor General of Lagos will testify on October 30.

    ‎Meanwhile, the Lagos State Traffic Management Agency (LASTMA) and the state Fire Service on Friday testified before the Coroner.

    An operational officer of the fire service, Olayimika Adebayo, in his evidence, ‎countered the church’s position that the building collapsed as a result of implosion.

    He said there was no sign of fire on the first day of the disaster, adding that an outbreak only occurred on the fourth day, September 15, which was caused by the shifting and moving of earth machines, iron rods and other free burning materials.

    Olayimika said the Alausa Control room was called on September 12 at about 1:17pm by one Eze, who reported the incident.

    He disclosed that 211‎ persons were in the building.

  • Synagogue: Coroner solicits South Africa’s support for DNA test

    Synagogue: Coroner solicits South Africa’s support for DNA test

    A Lagos Coroner investigating the collapse of a building at the Synagogue Church of All Nations (SCOAN) on Monday appealed to the South African government to allow relatives of their deceased nationals come to Nigeria to donate DNA samples.

    Magistrate Oyetade Komolafe made the appeal at the inaugural sitting of inquest into the cause of the building collapse at the Lagos High Court, Ikeja.

    He noted that the DNA examination, which is a major aspect in the inquest, would not be done if relatives were not available to identify their deceased relations.

    Komolafe explained that the relations of the victims would be needed to donate blood to enable the pathologists identify the bodies through DNA test, after which the bodies will be released for burial.

    A total of 115 bodies, majorly South Africans, were recovered from the debris of the building.

    Komolafe noted that the investigation was not a prosecution, saying facts should be given as they are by all parties so that such occurrences can be avoided in future.

    He said, “‎I empathise with the families of the victims, but I want to seize this opportunity to state the importance of the DNA to this inquest.

    “Relatives of victims should avail themselves and donate blood to enable the pathologists identify the bodies.

    “The medical team and pathologists are working because the court has directed them to carry out the activities and report back.

    “It is important for the South African embassy to ensure that relatives of the victims come forward for the pathologist to get the needed samples to compare with the bodies.

    “Those corpses have to be properly identified and when that is done and the process completed, the bodies will be released to the South African government and they can take them home if they want them taken home.

    “We have to all work together. We should not allow anything to cause misunderstanding. Nigeria and South Africa we are one, at least we are blacks.

    “Please, let us work together to make this process a success.”

     

  • Cause of Dana Air crash unknown, says coroner

    Cause of Dana Air crash unknown, says coroner

    Exactly two years after the ill-fated MD-83 Dana Air crash at Iju-Ishaga, a Lagos suburb, in which over 153 people died, a coroner’s inquest yesterday blamed the inclusive report of the Accident Investigation Bureau (AIB) and the missing bodies of the pilots for “unknown cause” of the crash.

    In a verdict delivered by Magistrate Oyetade Komolafe at the Ebute Meta Magistrates’ Court, the coroner held that the AIB only submitted the report of its preliminary investigation and had not concluded its findings on the cause of the air disaster.

    The coroner explained that the missing bodies of the pilot and the co-pilot, if found, would have been tested to determine if they were “under the influence”.

    In the course of the inquest, a witness, who claimed to be on the crash scene, told the court that he found the pilot’s body lying on the ground.

    Despite the claim, consultant pathologist, Dr. John Obafunwa, averred that nine bodies, including the pilot’s and co-pilot’s, were uncounted for at the hospital.

    According to him, the bodies of 144 people were identified by or through their relatives.

    Obafunwa said the bodies that were unaccounted for could either be individuals other than those who bought the tickets or those who were completely incinerated.

    Magistrate Komolafe held that “the missing bodies of the pilot and co-pilot were a lost opportunity to determine whether or not they were under the influence of alcohol”.

    He added: “Had their bodies been identified, samples would have been taken and analysed. The disappearance of their bodies has shut us out from finding out whether or not they were under the influence or not.

    “I am not saying it is likely, but the opportunity was lost.”

    On the death of the victims, the coroner held that most of them died from multiple injuries, blunt force trauma, air plane crash and fire.

    He noted that from picture evidence, some of the passengers were alive after the crash but died from smoke inhalation.

    The expert said 12 people died from suspected carbon monoxide poisoning.

    Quoting Obafunwa’s findings, the coroner said: “A few died from heart failure, asphyxia (absence of oxygen), severe burns injury, soot inhalation, and severe crano-cerebral injury.

    “I find that the commonest factor associated with death was multiple injuries – fractured arms and legs, fractured ribs, punctured lungs, fractured skull – and so on.

    “You cannot attribute death to one single injury. Each one can individually cause death.”

    Komolafe, who made nine recommendations, urged governments (federal, states and local) to put in place effective emergency response structures.

    He recommended the establishment of a national body for logistics and supply, body retrievals, body handlers and periodic meetings and rehearsals among the units.

    Komolafe said there is need for the establishment of Forensic Science laboratories in each geo-political zone and the enactment of a National Coroner’s Act.

    “Public sensitisation and provision of fire service stations in every local government across the country must be considered,” he added.