Synagogue Building Collapse: T.B Joshua Asks Court To Nullify Coroner's Proceedings

Synagogue Building Collapse: T.B Joshua Asks Court To Nullify Coroner's Proceedings 

The founder of the Synagogue Church of All Nations (SCOAN), Prophet Temitope Joshua on Thursday asked a Lagos High Court in Ikeja to nullify the proceedings of the Coroner investigating the collapse of the guest house belonging to his church. 

Joshua and the Registered Trustees of the church specifically want the court to declare the coroner's court proceedings null and void because Chief Magistrate Oyetade Komolafe, who is presiding over the inquest had exceeded the jurisdiction of a coroner's court and has demonstrated biased.

The clergy made this submission on Thursday through his counsel, Chief Lateef Fagbemi (SAN), before Justice Lateefa Okunnu.

It will be recalled that the coroners inquest was initiated by the Lagos State government to carryout investigation into theSeptember 12, 2014 collapse of the six-storey building which claimed the life of 116 persons.

While moving the application, Chief Fagbemi maintained that the Lagos State Coroner's Law 2007 only gave powers to the coroner to determine the cause of death and to identify the body of the deceased.

The lawyer also maintained that taking evidence on the issues of approval and construction of the collapsed building are clearly outside the scope and jurisdiction of the coroner's court.

He claimed that Chief Magistrate Komolafe had been hearing evidence on such extraneous issues at the inquest which started proceedings on October 13,2014.

Chief Fagbemi further argued that Sections 32 and 33 of the Coroner Law does not empower the coroner to summon on manners of persons to appear before the inquest, adding that the coroner's summons on Prophet T.B Joshua to personally appear before the inquest is unconstitutional and a breach of his right to fair hearing.

The lawyer also told the court that Chief Magistrate Komolafe shown personal interest in the subject matter which could lead to being biased against his client.

In his opposition to the application, lawyer for the Lagos State Government, Afeez Owokoniran prayed the court to throw out the suit.

According to him, the coroner had extensive powers to investigate the cause and circumstances of death and bring his findings and recommendations to the attention of appropriate authorities.

He said, "In doing this, he has all the powers of a magistrate to summon and compel the attendance of witnesses, including medical examiners, and require them to give evidence, produce documents or present other relevant materials.

"In order to determine the cause of death, the coroner has the latitude to investigate issues pertaining to building approval, soil testing and materials used in the construction of the collapsed building."

Justice Okunnu after listening to the lawyers adjourned the matter till February 17, 2015 for reply on points of law.