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.
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