Synagogue Building Collapse: TB Joshua Says Coroner Can't Summon Him To Testify

Synagogue Building Collapse: TB Joshua Says Coroner Can't Summon Him To Testify

The founder of the Synagogue Church of All Nations (SCOAN) Prophet Temitope Joshua has asked a Lagos State High Court in Ikeja to stop the Coroner conducting an inquest into the collapsed of a building belonging to the church from inviting him to testify before it.

The cleric, in a prohibition suit filed before Justice Lateefa Okunnu through his lawyer, Olalekan Ojo wants an order prohibiting the respondent from insisting on his personal attendance, as such will be without or in excess of jurisdiction, unconstitutional and unlawful.

The respondents in the suit are the Coroner's Court of Lagos State and Magistrate Oyetade Komolafe.

"An order quashing the proceedings of the coroner's inquest in its entirety for being conducted in breach of the rule of natural justice, likelihood of blade, and for taking proceedings clearly outside the scope of the jurisdiction of the respondent.

Joshua is also praying the court for, "an order of injunction to restrain the respondents as presently constituted from further conducting any inquest into the collapsed building of Synagogue Church of All Nations, as the 2nd respondent has demonstrated personal interest in the subject matter and his neutrality clearly compromised.

"An order of injunction restraining the coroner from taking and continuing to take evidence/proceedings on the issue of approval and construction of the collapsed building, which issues are clearly outside the scope of a coroner's inquest."

An order of prohibition, against the Coroner's Court of Lagos State and the presiding magistrate Komolafe from exceeding their jurisdiction in the conduct of coroner's inquest into the death of unknown persons in the collapsed building within the premises of SCOAN on September 12, 2014.

According to the suit designated ID/188MJR/2014, SCOAN also want the high cpurt to issue, "An order of Certiorari to quash the proceedings of the 1st and 2nd respondents in the conduct of the coroner's inquest into the death of unknown persons in the Synagogue Church of All Nations, Ikotun Egbe, Lagos on 12th September, 2014 in suit number CR/AL/01/2014 concerning matters, issues and circumstances other than what directly caused the death of the victims and the manner of their death for having been conducted without or in excess of the statutory jurisdiction of the 1st and 2nd respondents.

"A declaration that the decision of the coroner to summon the applicants to give evidence at a time when no materials were placed before the coroner against the applicants is a breach of the applicants right to fair hearing.

"A declaration that the coroner who relied on his personal knowledge of the facts of the case is not a proper person to preside at the inquest into the death of people at the collapsed building of Synagogue Church of All Nations.

"A declaration that the coroner who relied on extraneous matters not borne out of the records to reach his conclusion that the 2nd applicant is a necessary witness when in fact is not, is in breach of the rules of natural justice and fair hearing guaranteed by the 1999 constitution of the Federal Republic of Nigeria.

"An order prohibiting the coroner from conducting further inquest/proceedings relating to the construction of the collapsed building which facts are clearly outside the scope of a coroner's inquest.

It will be recalled that the Coroner has gave Joshua the last opportunity to appear before it on Friday, failing which he has threatened to order his arrest.

But the suit was filed by the legal team of the embattled cleric, who failed on two occasions to appear before the inquest, to stop the court from ordering his arrest.

Meanwhile, a Deputy Director and Head, Inspectorate and Compliance Unit of the Standard Organisation of Nigeria (SON), Engineer Bede Obayi, while continuing in his testimony before the coroner maintained that the results of the concrete debrils collected for test from the site of the collapsed guest house belonging to SCOAN remains a suspect.

The witness also informed the coroner that he was not an expert in structural engineering, said, "I don't know the portion of the collapsed site from which the concrete debrils were taken. I can also confirm to this court, that pressure must have been applied on the concrete debrils taken as a result of rescue operations.

"The debrils we took were collected from different points at the collapsed site and therefore there will be variation of results.

Also testifying, a civil engineer with SON, Tsonatu Theophiles who confirmed taking samples of concrete debrils at the collapsed site, noted that the collapsed building went down at ones.

He also intimated the court that the mandate of SON was to ascertain whether proper materials were used.
According to him, "From the CCTV footage I watched, I cannot observe any form of weakness or failed portion of the building.

"The building collapsed within four seconds."

The inquest has been adjourned till December 3 for continuation of hearing.