Lagos Fails To Arraign ‎Synagogue Church Trustees, Others

Lagos Fails To Arraign ‎Synagogue Church Trustees, Others

The planned arraignment of the of the Registered  Trustees of ‎Synagogue Church of All Nations (SCOAN) and the two engineers that constructed the collapsed six-story building belonging to the church was yesterday stalled due to failure of the Lagos State Government to serve three of the defendants with a copy of the charge.

The state has slammed a 111 count-charge of failure to obtain building approval and involuntary manslaughter on the church, the engineers, Oladele Ogundeji and Akinbela Fatiregun,  Jadny Trust Limited and Hardrock Construction & Engineering Company.

While the names of all the defendants were mentioned in count one, which accused them of failing to obtain building approval contrary to Section 41 of the Urban and Regional Planning law of Lagos state.

The name of the church was omitted in courts two to 111, which accused the defendants of involuntary manslaughter causing death contrary to Section 222 of the criminal laws of Lagos state 2011.

The Lagos State Government had on September 26, 2013 set up a 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, were mostly of South Africa nationality, they were in Nigeria on religious tourism.

It will be recalled that the Coroner recommended that the church should be prosecuted for failing to obtain necessary approval before embarking on the construction of the collapsed building, while its recommended that the two structural engineers be prosecution for criminal negligence.

When the matter came up for hearing on Monday before Justice Lateef Lawal-Akapo of the Lagos State High Court in Ikeja,  the state’s Attorney-General and Commissioner for Justice,  Adeniji Kazeem informed the court that the state has not been able to serve three of the defendants with a copy of the charge.

Kazeem also told the court they could not effect service because they did not have valid addresses for the defendants.

He then said he has filed an application seeking the leave of the court for substituted serve, since the law requires that an accused person must be personally serve with the charge.

The counsel, who represented the Registered  Trustees of ‎Synagogue Church and Jadny Trust Limited, Oluseun Abimbola expressed surprise over the development,  according to him the state has alway served the three defendants in other proceedings before other courts.

Abimbola also said though he is not representing the absence defendants,  he is aware that their addresses are still valid and they can be reach through them.

At this point the judge ask the lawyer if he can furnish the prosecution with a valid addresses of the defendants, to which he answered in the affirmative.

Based on his commitment, Justice Lawal-Akapo directed the lawyer to to help furnish the prosecution with a valid addresses of the 3rd to 5th defendants within 78 hours to enable the prosecution effect service them before the next adjournment.

Before adjourning the case till December 11, 2015, the judge stated that the trial is a sensitive criminal case and that service in any proceeding is fundamental and anything done outside of it is a nullity.