•Three defendants’ absence stalls trial
The Lagos State Government has preferred a 111-count charge against the Registered Trustees of the Synagogue Church of All Nations (SCOAN) and some engineers over the September 12, 2014 collapsed building in which 116 people, mostly South Africans were killed.
But, Justice Lateef Lawal-Akapo of the Ikeja High Court, yesterday adjourned their arraignment till December 11 because of the state’s inability to serve three of the defendants.
The charge borders on the defendants alleged failure to obtain approval for the collapsed building contrary to Section 41 of the Urban and Regional Planning Laws of Lagos State and involuntary manslaughter contrary to Section 222 of the Criminal Law of Lagos State.
The Registered Trustees of SCOAN comprises some leaders of the church, but only one member of the SCOAN Trustees was present at yesterday’s proceedings. He represented the other Trustees.
A Coroner Inquest set up by Lagos State and presided over by Magistrate Oyetade Komolafe, ruled on August 7, 2015, that SCOAN and its contractors were essentially negligent in the collapse of the six-storey guesthouse.
The defendants in the suit are: the Registered Trustees of Synagogue Church of All Nations (SCOAN), Hardrock Construction and Engineering Company, Jadny Trust Limited, Oladele Ogundeji and Akinbela Fatiregun.
Yesterday, lead prosecution counsel and Lagos State Attorney-General, Mr Adeniji Kazeem, informed the court that only two of the five defendants had been served due to invalid addresses of the 3rd to 5th defendants.
“We confirm that Synagogue Trustees and the Hardrock Construction Company have been served. The other defendants in the matter could not be served because their addresses are not valid,” he said.
Counsel to the 1st and 2nd defendants, Mr Seun Abimbola, however, contested this claim.
“The state cannot say that they don’t have valid address because they were served in previous proceedings. The engineers, Oladele Ogundeji and Akinbela Fatiregun were even arrested by the police and charged before a Magistrate’s Court where they were later released on bail,” Abimbola said.
After listening to both arguments, Justice Lawal-Akapo cautioned the defence counsel that the matter is a criminal one with a sensitive nature.
“Service in any proceeding is fundamental and anything done outside of this is a nullity. The defence counsel is hereby directed to oblige the prosecution team with valid addresses of the 3rd, 4th and 5th defendant within 72 hours,” the judge held.