Court Strikes Out Suit Seeking To Stop Inquest Into Synagogue Church Collapse

Court Strikes Out Suit Seeking To Stop Inquest Into  Synagogue Church Collapse

Justice Ibrahim Buba of the Federal High Court in Lagos yesterday dismissed a suit seeking to stop the ongoing inquest into the collapse of a six-story building belonging to the Synagogue Church of All Nations (SCOAN).

Justice Buba while delivering judgment on the case described it as lacking in merit, and that the applicant failed to show any threat or injury he would suffer with the inquest, nor did he disclose a legal or justiceable right to protect.

A Lagos lawyer, Olukoya Ogungbeje, had on October 28 gone before the court claiming that the composition of the Coroner's Court set up by the state government, was a negation of the principle of natural justice and Section 36 of the Constitution, and as such, was unconstitutional and void.

He listed the Lagos State Government, The Attorney General of the State, Ade Ipaye, and Magistrate Oyetade Komolafe as defendants in the suit are.

The Lagos State Government had on September 26, set up the coroner inquest presided over by Chief Magistrate Komolafe to ascertain the cause of the collapsed building, which left about 116 people dead.

Most of the victims of the collapsed building located within the premises of the church, which serves as a guest house, were mostly of South Africa nationality.

But Justice Buba held that the lawyer completely misconceived the role of government's agencies, adding that the fact that Prophet T.B Joshua was indicted, did not mean the coroner had already made up his mind. 

The court also pointed out that if, for instance, a prosecution strongly believes that a person is guilty and brings a charge against him, it does not mean the judge must make a conviction or that the accused would not get a fair hearing. 

He stated that besides the fact that the coroner's court was not a court of law but a fact-finding entity, Prophet Joshua and his church were not complaining. 

The court further  held, "Supposing they are satisfied with what was said or alleged, then what is the right of this applicant that is being infringed upon that the court can proceed to protect". 

"A trial court will only have jurisdiction to enforce the fundamental rights of an applicant guaranteed under Chapter 4 of the Constitution, if the main reliefs involves a breach of the fundamental rights of the applicant," the court said.
 
"The coroner was set up by the state's executive, and that by the principles of separation of powers, the court would not ordinarily interfere with the workings of another arm of government.

"After a calm consideration of all the issues and arguments, the applicant has failed to make a case for the enforcement of fundamental rights.
 
"The case lacks merit, same be and is hereby dismissed," Buba held.

The Lagos state government represented by Jide Bakare, a Deputy Director in the Lagos State Ministry of Justice had in a counter-affidavit in opposition to the suit had urged the court to dismiss the suit.

The state had claimed that the plaintiff lacked the locus standi to sustain the suit as he was neither a member of the Synagogue Church, nor was he personally affected by the inquest.

According to the state, the inquest into the collapsed building was initiated due to public outcry on the need to investigate circumstances surrounding the death of about 116 people.

According to the government, the allegations in the suit were untrue as the inquest was not a regular court, but just on a fact-finding assignment to unravel what actually went down.

In the suit, the applicant is contending that the Coroner inquest was constituted by the Lagos State Government after the agencies of the state government had indicted the founder of Synagogue Church, Prophet T.B Joshua and his Church of wrongdoing by adding additional structures on the building without approval.

He argued that if allowed to continue, the proceedings of the Coroner inquest would seriously occasion miscarriage of justice, as the same Coroner would based its decision on the testimonies of the same agencies of Lagos State, which had openly indicted Joshua and his Church.