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Tag: Synagogue

  • Synagogue building collapse: Court remands two engineers

    Synagogue building collapse: Court remands two engineers

     

    Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja on Tuesday  remanded the two engineers who handled the construction of the collapsed seven-storey guest house building the Synagogue Church of All Nations (SCOAN) at the Kirikiri Maximum Prison.

    The  building ‎which collapsed September 12, 2014 had killed 116 people, 85 of whom were South Africans.

    Oladele Ogundeji and Akinbela Fatiregun, were remanded after they pleaded not guilty to a 111-count charge of gross negligence and criminal manslaughter preferred against them by Lagos state government.

    The prosecution led by the Director, Directorate of Public Prosecution (DPP), Mrs Idowu Alakija, alleged the defendants committed the offences between August 20 and September 2013.

    Alakijja alleged that the defendants constructed a seven-storey building at the Synagogue Church of All Nations (SCOAN) Ikotun Egbe area of Ikeja, Lagos with “gross negligence and disregard for human life”.

    The formal arraignment of the trustees of the church came after Justice Lawal-Akapo dismissed two separate applications filed by counsels to the defendants, Mrs Titi Akinlawon (SAN) and Chief E.L. Akpofure (SAN).

    Akinlawon who is the counsel to Fatiregun had in an application dated March 3, 2016 prayed for an order adjourning further hearing pending the determination of her application of before the Court of Appeal.

    Akpofure who is the counsel to Ogundeji had also, in his application dated February 17 objected to the inclusion of Jandy Trust Limited as one of the defendants.

    He said there was nothing in the proof of evidence linking the company to the crimes.

    But Justice Lawal-Akapo in his ruling said “Section 273 of the Administration of Criminal Justice Law (ACJL) states that subject to the constitution, an application for a stay of proceedings in respect of a criminal matter before the High Court should not be entertained before the Court.”

    Lawal-Akapo added “I find no merit in the two applications, they are lacking in merit and substance.

    “This is a clear case of abuse of court processes to the irritation and annoyance of the court.”

    The Judge immediately ordered the arraignment of Fatiregun, Ogundeji and the trustees of SCOAN despite a lot of opposition from the defence.

     

    The order of the court drew a mild drama into the proceedings as the counsels representing the defendants made several attempt to prevent the court from proceeding with the arraignment.‎

    While Chief Lateef Fagbemi (SAN) representing SCOAN argued that since the business of the court  was for ruling, it would be improper to proceed with arraignment.

    Akpofure for instance told the court that his mother died and that as the only son, he is emotionally disturbed‎ and needs to take a flight home to make necessary arrangements for burial immediately.‎

    But the DPP, Alakija said she was also bereaved even more that Akpofure but that she was not going to make it the business of the court.

    Justice Akapo unperturbed by the outpourings of the counsels,‎ however overruled them and ordered that the charges be read to the accused persons.

    After they made a not guilty plea, Justice Lawal-Akapo ordered the engineers to be remanded in Kirikiri Maximum Prison.

    The trial judge subsequently adjourned the matter to April 26, 2016 for hearing of the defendants bail applications.

  • Court strikes out Synagogue’s application for stay of proceedings

    Court strikes out Synagogue’s application for stay of proceedings

    Lagos High Court sitting in Ikeja yesterday struck out an application by the  registered trustees of the Synagogue Church of All Nations (SCOAN) and its engineers by which they sought  to stay proceedings of the court.

    The plaintiffs withdrew their application following the ruling of the Court of Appeal sitting in Lagos which ýdismissed their appeal to stay their trial before Justice Lateef Lawal-Akapo at the  Lagos High Court, Ikeja.

    The Lagos ýstate government had filed a 110 count charge bordering on involuntary manslaughter against the Registered Trustees of the Church and two of its engineers over the September 12, 2014 collapse of its six storey guest house.

    At the resumed sitting of the court yesterday, counsel to 3rd and 5th defendants,ý Mrs. Titilola Akinlawon and that of the fourth defendant, Olalekan Ojo said in view of the ruling of the Court of Appeal, they were constrained to withdraw their application for stay of proceedings dated February 18, 2015.

    They however informed the court of another application seeking to quash the charges preferred against them by the state dated March 3, 2015.

    The Director of Public Prosecution (DPP), Mrs. Idowu Alakija, in her response, told the court that they were served ýon Thursday.

    Alakija said they needed time to respond to the application and that they would not oppose the defendants’ request to withdraw their applicationý for stay of proceedings.

    Consequently, Justice Lawal-Akapo struck out the application and adjourned further hearing to March 22, 2016.

    The Registered Trustees,  Hardrock Construction and Engineering Company, Jadny Trust Limited, Oladele Ogundeji and Akinbele Fatiregun are 1st to 5th defendants in the suit.

    The court had earlier fixed February 8 for the arraignment of the defendants but this was stalled with an application challenging the manner in which the court summons was served on the defenceý.

    Ruling on the matter then, Justice Lawal-Akapo had agreed with the submissions of the counsel to the defendants when he held that the applications should be taken first before arraignment

  • 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.

     

  • Govt seeks dismissal of Synagogue’s motion on coroner’s verdict

    Govt seeks dismissal of Synagogue’s motion on coroner’s verdict

    Lagos State government has urged an Ikeja High Court to dismiss Synagogue Church of All Nations (SCOAN) trustees’ application seeking to quash the coroner’s verdict inquest into the church’s collapsed guest houseý.

    The coroner indicted the church and its engineers for the incident which claimed the lives of 116 persons and ordered that they be tried for criminal negligence.

    The trustees are seeking an order quashing the verdict of the coroner court presided over by Chief Magistrate Oyetade Komolafe because the court allegedly exceeded its statutory jurisdiction.

    Chief Magistrate Komolafe and Lagos State Attorney-General are respondents in the suit.

    Urging Justice Kazeem Alogba to dismiss the motion, the Attorney-General and Commissioner of Justice Adeniji Kazeem said it was dead on arrival as it did not meet Order 40 of the Lagos State Coroner Law.

     ”The law is succinctly spelt out. The verdict of the coroner was delivered on the 8th of July 2015, and they brought their application challenging jurisdiction six months after the coroner’s verdict. All they sought for in their application is an extension of time,” the Attorney-General said.

    Kazeem described the inclusion of Alimosho in all the processes filed as a “judicial slip” adding that the issue of wrong heading of the nomenclature of the coroner was a mere irregularity which could not render the coroner’s proceedings invalid.

    Questioning the court’s jurisdiction to hear the suit, Kazeem argued that the trustees were clearly out of time as mandated by Order 40, Rule 4 of the court rules within which to file the suit.

    He said under the rules, such application should have been brought within three months of the coroner’s decision, but it was filed on January 13, 2016, almost six months after the verdict.

    The attorney-general also faulted the verifying affidavit in support of the motion deposed to by one Sunday Okoroji, an assistant to Prophet T.B Joshua, saying the deponent lacked the power to replace the trustees, who are legally empowered to do so.

    He added: “My Lord, we submit that there is no proper verifying affidavit before this court because the said Okoroji cannot replace the trustees of the church who are still alive and kicking and as such the application is incompetent.”

    But the church’s counsel, ýE.L Akpofure (SAN), insisted that the coroner court which looked into the collapsed of six-storey building does not exist in law.

    ý “The Coroner’s Court of Lagos State, Alimosho District, which presided over and delivered the verdict, is unknown to Coroner’s Court of Lagos State, 2007 and Coroner’s System Law (Subsidiary Legislation) which established Coroner’s Court in Lagos State.

    “The Lagos Coroner’s System Law, 2007 only established Lagos, Ikeja, Yaba and Apapa districts and that Alimosho Coroner’s district which presided over the Synagogue building collapse inquest was not a creation of the law.”

    He submitted that the coroner acted in excess of its jurisdiction, adding that the coroner succinctly carried out his office in all his capacity, arrogating jurisdiction to himself, despite an appeal challenging his jurisdiction.

    “There is nothing like Alimosho Coroner district. It does not exist in the law; and neither is Ikotun-Egbe tied to any of the districts,” Akpofure said.

    Justice Alogba reserved ruling till February 19.

  • Synagogue contractors accuse Lagos of flouting court order

    Synagogue contractors accuse Lagos of flouting court order

    Contractors indicted for the collapse of a six-storey building at the Synagogue Church of All Nations told a Lagos High Court sitting in Ikeja on Wednesday that the state’s Attorney General flouted a court order by charging them to court.

    The contractors – Oladele Ogundele and Akinbola Fatiregun, while speaking through their counsels, Chief E.L Akpofure (SAN) and Mrs. Titilola Akinlawon (SAN) respectively told the trial judge, Justice Lateef Lawal-Akapo that there is a subsisting order of a Federal High Court granted by Justice Ibrahim Buba stopping their arraignment before the court.

    At the resumed sitting of the court, the lawyers told the court the order of Justice Buba was specific to the effect that their arraignment be put on hold pending the decision of the Appeal Court.”

    Justice Buba had given an order restraining the police and the AG either by itself, officers and or agents acting on their behalf from prosecuting or proceeding with the prosecution of the engineers on the basis of the coroner verdict pending the determination of the appeal against the ruling of the Federal High court.

    They contended that the state ought not to file charges against them nor asked the court for order of substituting service before a Lagos High court as the order of the Federal high court is still subsisting.

    “The manner of service by way of substitution is spelt out by the law. So carrying out such service in the manner they did is a nullity,” they maintained.

    But the state Director of Public Prosecution (DPP), Mrs. Idowu Alakija, told the court to discountenance the submissions of the defence counsels as late.

    Alakija argued that the order of Justice Buba cannot stop proceeding of the court nor restrain the AG from prosecuting the defendants.

    “The proceeding has commenced in this court before the order sought to restrain the AG from prosecuting them was granted by Justice Buba. The order cannot stop the proceeding,” she stated.

     

  • Synagogue: Contractors’ arraignment stalled as process is challenged

    Synagogue: Contractors’ arraignment stalled as process is challenged

    Contractors indicted by a Lagos coroner for the collapse of a six-storey guest house at Synagogue Church of All Nations (SCOAN) in Ikotun have challenged the  legality of the court processes served on them by the state government.

    At the resumed hearing of the case yesterday, their counsel,  E. L. Akpofure (SAN) and Mrs Akinlawon (SAN), filed an application, arguing that the prosecution erred in law by pasting the processes at the entrance of the house of their clients, Oladele Ogundele and Akinbola Fatiregun, a day before the proceedings as against three days stipulated by law.

    Justice Lateef Lawal-Akapo of the Ikeja High Court had last December, ordered the government to serve the defendants through substituted means after several attempts to serve them failed.

    But their counsel contended that the service of the processes did not conform with provisions of the law.

    “The manner of service by way of substitution is spelt out by the law. So carrying out such service in the manner they did is a nullity, “Akpofure said.

    Mrs Akinlawon insisted that the provisions of the law for serving court processes be followed to the letter.

    Efforts by the Director of Public Prosecution (DPP), Mrs E.I Alakija, to get the defendants arraigned, failed. The court directed the prosecution to file its response to the defendants’ application.

    Justice Akapo adjourned the matter till January 27.

    The coroner inquest presided over by Magistrate Oyetade Komolafe, last August 7, held that the Synagogue Church and the engineers that constructed the collapsed building were negligent.

    The coroner ordered that Synagogue church be investigated for not having a building permit and the engineers tried for criminal negligence.

    The government brought 111-count charge against the church and the engineers following their failure to stop their trial at a Federal High Court.

  • Arraignment of Synagogue contractors stalled

    Arraignment of Synagogue contractors stalled

    …  Duo challenge legality of court process

    Contractors indicted by the Lagos coroner for  the collapse of the six storey guest house at Synagogue Church of All Nations  – Oladele Ogundele and Akinbola Fatiregun – have challenged the  legality of the court processes served them by Lagos State government.

    At the resumed hearing of the charges preferred against them on Tuesday, counsels to the engineers, E. L. Akpofure (SAN) and Mrs. Akinlawon (SAN) filed an application, arguing that the prosecution erred in law by pasting the court’s processes on the entrance of the defendants’ house a day before court’s hearing as against three days stipulated by law.

    Justice Lateef Lawal-Akapo of the Lagos High Court, Ikeja, had, at the last hearing in December 2015, ordered the Lagos State government to serve the defendants through substituted means after several attempts to serve them were unsuccessful.

    But the counsels to the defendants contended that the service of the process did not conform with provisions of the law.

    “The manner of service by way of substitution is spelt out by the law. So carrying out such service in the manner they did is nullity, “Akpofure said.

    Akinlawon also leaned on the submission made by her learned colleague as she insisted that the provisions of the law for serving court processes be followed to the letter.

    All efforts made by the state’s Director of Public Prosecution (DPP), Mrs. E.I. Alakija for the defendants to be arraigned were not successful as the court directed the prosecution to file its response to the defendants’ application.

  • Synagogue: Trustees seek to quash coroner’s verdict

    Synagogue: Trustees seek to quash coroner’s verdict

    Synagogue Church of All Nations (SCOAN) registered trustees have sued a Lagos State Coroner, Magistrate Oyetade Komolafe and the Attorney-General and Commissioner of Justice over the indictment of the church for its September 12, 2014 collapsed guest house.

    One hundred and sixteen persons reportedly died in the collapsed building within the church premises at Ikotun in Lagos.

    In a motion on notice brought pursuant to Order 40 Rule 3(1) and (2) of the High court of Lagos State (Civil Procedure Rule) 2012, the trustees are seeking an order of certiorari quashing the coroner’s verdict on the ground that the court exceeded its statutory jurisdiction.

    In its verdict on the inquest into the collapsed guest house, the coroner indicted the church and the two engineers that constructed the building.

    The court ordered that the church be investigated and prosecuted for not possessing building permit.

    The government late last year filed a 111-count criminal charge against the trustees and the engineers after they failed to stop their trial at the Federal High Court.

    The matter is slated for hearing today (Tuesday) before Justice Lateef Lawal- Akapo.

    In the motion seeking to quash the coroners’ verdict filed before Justice Kazeem Alogba, the church is contending that the “Coroner’s Court of Lagos State, Alimosho District”, which presided over and delivered the verdict is unknown to Coroner’s Court of Lagos State, 2007 and Coroner’s System Law (Subsidiary Legislation) which established Coroner’s Court in Lagos State.

    The church contended that the Lagos Coroner’s System Law, 2007 only established Lagos, Ikeja, Yaba and Apapa districts.

    It emphasised that Alimosho Coroner’s district which presided over the Synagogue building collapse inquest was not a creation of the law.

    The church also urged that any finding, recommendation and or verdict delivered or rendered by the “Coroner’s Court, Alimosho District” is a nullity and liable to be quashed.

    When the matter came up yesterday, Magistrate Komolafe was absent in court and he was not represented by any lawyer.

    1. O Idowu who represented the Attorney General of Lagos State pleaded with the court for time to file a response to the suit.

    The matter has been adjourned till February 4.

  • Synagouge: Joshua, trustees ‎seek court order to quash coroner’s verdict

    Synagouge: Joshua, trustees ‎seek court order to quash coroner’s verdict

    Founder of the Synagogue Church of All Nation, Prophet Temitope Joshua has sued the Lagos State Coroner, Magistrate Oyetade Komolafe and state Attorney-General over the criminal indictment of the church in the September 12, 2014 collapsed guest house.

    The co-applicant in the suit filed before the High Court of Lagos State is the Registered Trustees of the Church.

    About 116 persons reportedly died in the collapsed building within the church premises at Ikotun in Lagos.

    ‎In a motion on notice brought pursuant to Order 40 Rule 3(1) and (2) of the High court of Lagos State (Civil Procedure Rule) 2012 and filed before Justice Kazeem Alogba, Prophet Joshua and his church is seeking an order of certiorari quashing the verdict of the coroner’s court presided over by Magistrate Komolafe on the ground that the court exceeded its statutory jurisdiction.

    Komolafe and the Attorney General, Lagos State are listed as respondents in the suit filed on January 11, 2016.

    In its verdict on the inquest made into the collapsed guest house, the Coroner court had indicted TB Joshua’s church and the two engineers that constructed the collapsed building.

    The court particularly ordered that Synagogue church be investigated and proceeded against by the relevant authorities for not possessing necessary building permit.

    The coroner court also recommended the prosecution of the two engineers that constructed the collapsed building for criminal negligence.

    Joshua and the two embattled engineers subsequently filed a Fundamental Human Rights Enforcement suit before a Federal High Court, Lagos against the Coroner Court, Lagos State Government, Commissioner of Police, Lagos State and Council for the Regulation of Engineering in Nigeria, COREN.

    The suit which was meant stop the arrest Joshua, prosecution of the church and the engineers was however dismissed by the Federal Court.
    ‎
    Following the Federal High Court judgment, the Lagos State Government late last year filed a 111 count criminal charge against Trustees of the church and the two engineers.

    The matter is slated for hearing Tuesday before Justice Lateef Lawal- Akapo.

    In the motion on notice seeking to quash or set aside the coroners’ verdict, Synagogue church contended that the “Coroner’s Court of Lagos State, Alimosho District”, which presided over and delivered the verdict is unknown to Coroner’s Court of Lagos State, 2007 and Coroner’s System Law (Subsidiary Legislation) which established Coroner’s Court in Lagos State.

    The church contended that the Lagos Coroner’s System Law, 2007 only established Lagos, Ikeja, Yaba and Apapa districts.

    It emphasised that Alimosho Coroner’s district which presided over the Synagogue building collapse inquest was not a creation of the law.

    The church also urged that any finding, recommendation and or verdict delivered or rendered by it termed an illegal court such as “Coroner’s Court, Alimosho District” is a nullity and liable to be quashed.
    ‎
    The application filed by the church is also praying the High Court of Lagos state to quash the verdict of the coroner’s court on the ground that the inquest acted in excess of its jurisdiction by concluding that structural failure due to the combination of design and detailing errors caused the collapse of the Synagogue six-story building.

    The plaintiffs contended that the recommendations made by the coroner’s court ordering the prosecution of the church and building engineers was outside the powers of the coroners as it is only empowered to inquire into the cause of death, time of death, manner of death and identities of the persons that died.

    In the light of its argument, the church also prayed the court to make an order setting aside the charges instituted by the Lagos State Government against Registered Trustees of SCOAN.

    When the matter came up Monday, Magistrate Komolafe was absent in court and was not represented by any lawyer.

    Barr. A. O Idowu who represented the Attorney General of Lagos State however pleaded with the court for time to file a response to the suit.

    The matter has been adjourned till February 4, 2016.

  • 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.