Synagogue’s building collapse: Court fixes date for ruling on engineers’ applications

An Ikeja High Court in Lagos State on Wednesday adjourned till February 8 to rule on two applications seeking to stop the prosecution of the two engineers indicted by the Coroner’s Inquest, which investigated the collapse of a six-storey building at the Synagogue Church of All Nations in Ikotun area of Lagos State.
Justice Lateef Lawal-Akapo fixed the date after hearing the applications filed by the engineers, Messrs Oladele Ogundeji and Akinbela Fatiregun.
The News Agency of Nigeria reports that 116 persons, mainly South Africans, were killed after the building collapsed on September 12, 2014 at Ikotun, a Lagos suburb.
The engineers and their companies, Hardrock Construction and Engineering Company and Jandy Trust Ltd, were charged to court by the Lagos State Government.
They are facing a 110-count charge of involuntary manslaughter and failure to obtain building approval contrary to Section 41 of the Urban and Regional Planning Law of Lagos State, 2010.
At the resumed hearing of the case on Wednesday, the defendants, through their lawyers, Chief E.L. Akpofure (SAN) and Titilola Akinlawon (SAN), told the court that their prosecution was an illegality.
The defence lawyers argued that an order granted by Justice Ibrahim Buba of the Federal High Court stopping their arraignment was breached by the state government.
They noted that Buba’s order was that the arraignment should be put on hold pending the decision of the Appeal Court.
According to them, the Federal High Court judge had restrained the police and other agencies from prosecuting their clients on the basis of the Coroner’s Inquest, which indicted them.
Both lawyers argued that since the order was still subsisting, the state ought not to file charge against them or ask for an order of substituted service before the Lagos High Court.
They argued: “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.”
Responding, the Lagos State Director of Public Prosecutions, Idowu Alakija, argued that the order of substituted service was brought in compliance of the law and the service was properly effected.
Alakija said the option left for the defendants was to file an appeal on the order of the court.
She further argued that the Federal High Court cannot stop proceedings before a State High Court, hence the restraining order was null and void.
According to her, the proceeding has commenced in the court before the order sought to restrain Attorney General from prosecuting them was granted by Buba.
She insisted that the order could not stop the proceedings.
Alakija, who cited Section 350 of the Administration of Criminal Justice Law of Lagos State 2011, noted that the information was not filed based on the verdict of coroner’s inquest.
She also cited Section 211 of the 1999 Constitution where the Attorney General derived its power to institute and continued with criminal proceedings.
NAN.