The Synagogue Church Of All Nations on Thursday told an Ikeja High Court in Lagos State that the coroner investigating the collapse of its guest house had exceeded the jurisdiction of a coroner’s court.
The church made the claim at the commencement of its suit against the coroner, Oyetade Komolafe, and the Lagos State Government before Justice Lateefat Okunnu.
The News Agency of Nigeria reports that the inquest was set up by the government to investigate the September 12, 2014 collapse of the six-storey building, which killed about 116 persons.
Moving the motion on notice, SCOAN’s counsel, Chief Lateef Fagbemi (SAN), argued that the coroner’s court was not a superior court and had a limited jurisdiction.
Fagbemi said the Lagos State Coroner’s Law 2007 only empowered the coroner to determine the cause of death and to identify the body of the deceased.
According to him, taking evidence on the issues of approval and construction of the collapsed building are clearly outside the scope and jurisdiction of the coroner’s court.
Fagbemi said: “It is not in dispute that the coroner has invited people to come and give evidence on whether approval was sought and obtained or not.
“The coroner also asked questions on the kind of materials used for the building.”
He said although the coroner’s system was not adversarial, its findings could, however, be used by anybody to file a law suit against his client.
Fagbemi maintained that Sections 32 and 33 of the Coroner Law did not empower the coroner to compel people to testify before the inquest.
According to him, the coroner’s summons on SCOAN’s founder, Prophet Temitope Joshua, to personally appear before the inquest is unconstitutional and a breach of his right to fair hearing.
He also accused Komolafe of bias, adding that the coroner had demonstrated personal interest in the subject matter.
Fagbemi, therefore, urged the court to grant the application and declare the coroner’s proceedings null and void.
Responding, the counsel to the Lagos State Government, Afeez Owokoniran, urged the court to dismiss the application.
Owokoniran said: “The coroner has extensive powers to investigate the cause and circumstances of death and bring his findings and recommendations to the attention of appropriate authorities.
“In doing this, he has all the powers of a magistrate to summon and compel the attendance of witnesses, including medical examiners, and require them to give evidence, produce documents or present other relevant materials.”
Owokoniran argued that in order to determine the cause of death, the coroner had the latitude to investigate issues pertaining to building approval, soil testing and materials used in the construction of the collapsed building.
NAN reports that the matter was adjourned till February 17 for reply on points of law.
Trending
- Traditional ruler shot dead inside palace
- Primate Ayodele to Yoruba Nation agitators: You can’t break Nigeria
- Police intercept bags of Indian Hemp at Lagos jetty
- Enugu, families to give Ibu, Junior Pope befitting burial
- Police arrest suspects for attempting to disrupt inauguration of commissioners
- Police rescue three children locked up by grandmother + Photo
- Police foil attack in Katsina, neutralise suspected bandit
- US vetoes Palestine’s request for full UN membership