Synagogue Building Collapse: Judge to Rule on Applications to Stay Proceedings April 19

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Synagogue Building Collapse: Judge to Rule on Applications to Stay Proceedings April 19

By Correspondent

A Lagos High Court sitting in Ikeja, presided over by Justice Lateef Lawal-Akapo has adjourned till April 19, 2016 to deliver ruling on the various applications for proceedings to be stayed filed by the defendants which included the Registered Trustees of the Synagogue Church of All Nations (SCOAN), the engineers that constructed the ”Žcollapsed guest house alongside their companies.They had asked the court to stay further proceedings pending their appeal at the Court of Appeal.It would be recalled that the Lagos State government had specifically initiated a 111-count criminal charge against the church, the two engineers, Messrs Oladele Ogundeji and Akinbela Fatiregun and their companies, Hardrock Construction and Engineering Company, and Jandy Trust Limited for their involvement in the September 12, 2014 collapse of a six-storey guest house belonging to the church, which resulted into the death of 116 persons.However, they are yet to be docked on any criminal charges due to various pre-trial applications filed by the defendants.At Friday’s sitting on the matter, Mrs. Titi Akinlawon (SAN), counsel to Fatiregun argued in an application before the court dated March 3, that the court should issue an order adjourning further hearing pending the determination of her application before the Court of Appeal.She posited that “The essence of the application for adjournment is that the High Court ruled that the hearing notices served on the fifth defendant was proper, a ruling we are appealing at the higher court.“We also have before the court an application for stay of proceedings to await the decision of the Court of Appeal.“On this strength, I appeal that an adjournment is granted by this court.”On his part, lawyer to Ogundeji and Jandy Trust Limited, Chief E.L Akpofure (SAN) in an application dated February 17 objected to the inclusion of Jandy Trust Limited as one of the defendants.The SAN contended that there was no evidence against the 2nd defendant (Jandy Trust Limited) and it was never mentioned by the witnesses for the state.The senior lawyer added, “There is nowhere where it was stated that the second defendant was awarded the building contract.“The argument of the state that the trial of the second defendant to go on holds no water.“I urge your lordship to quash this information relating to the second defendant as there was no mention of my client in the proof of evidence.Also lawyer to the church, Lateef Fagbemi (SAN), who aligned himself with the contention of Akpofure that Jandy Trust Limited should be excluded from the charge said, “I will submit that the concept of justice has no sentimental connotation, there have been no mention of the second defendant in the proof of evidence.”In responding, counsel to the Lagos State government, Mrs. Idowu Alakija, objected to their applications for adjournment, just as she added that Section 273 of the Administration of Criminal Justice Law (ACJL) 2011 guided the proceedings of the court.“The rules of the Section are clear, the provision may seem novel but it was created to stop frivolous cases and applications until judgment is given.“Since we filed the information, so many applications have been filed by the defence; some were successful while others were withdrawn.“In finality, I submit that the rules guiding proceedings in this court is the ACJL 2011 and we are urging your Lordship to dismiss the application of the fifth defendant.”

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