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 ‘All materials used in collapsed Synagogue building were approved’ –SON

At the Friday November 21, 2014 sitting of the Coroner’s Inquest into the collapsed Synagogue, Church Of All Nations building, the court was told that the materials used for the construction of the collapsed building were approved by the Standards Organization of Nigeria, SON.

This submission was made by the director in charge of Inspectorate and Compliance at SON, Engineer Bede Obayi. According to him, iron rod samples taken for test at different laboratories showed that they were good and met the standard requirement. He raised reservations over the standard of the concrete debris, stating that the sample they took was slightly below the required density. However, he posited that the result could have been influenced by the pressure factor of the collapsed building, which makes it indeterminate in concluding if this contributed to the collapse.

Engineer Obayi also expressed surprise about the speed at which the building collapsed, fuelling speculations that the controlled demolition theory was indeed plausible. “Candidly, I am surprised at the rate and speed the building collapsed. It’s quite unusual and I believe it should be investigated. I also admit that the result of the test on the debris is suspect. Due to the technicality involved, our investigation is inconclusive. I was not involved in the observation neither did I participate in the conduct of the test. I don’t even know any of the people saddled with the responsibility of conducting the test. We went for test in three labs and the final reports indicated that most of the materials used in the Synagogue building met our standard requirements. All the sources used were also approved SON.”

Meanwhile, members of the public and other interested parties attending the hearing have voiced out their reservations about the biased manner in which the Magistrate seems to be handling proceedings at the inquest. Some of them who spoke to the media on condition of anonymity complained of the Magistrate’s partial disposition. They observed that he was always visibly harsh on witnesses who gave evidence which seemed to support the controlled demolition theory. Others said his disposition was suggestive of a calculated attempt by the state to persecute a particular party, stressing that the inquest has lost its integrity

In another development, counsel to The SCOAN, Olalekan Ojo has filed an application challenging the jurisdiction of the Magistrate for encroaching on matters beyond the scope of the inquest by inviting Prophet T.B. Joshua, who was not a witness to the incident. He said the primary scope of the inquest was to determine the cause of death and not pry into private matters that bear no consequence on it.

Specifically, the suit brought pursuant to Order 40 Rule 5 of the High Court of Lagos State (Civil Procedure Rules) 2012 and signed by one O.M Abimbola is praying Justice Okunnu for 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 Lagos High Court 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 September 12, 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.

“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.

“An order prohibiting the respondent from insisting on the personal attendance of the 2nd applicant as such will be without or in excess of jurisdiction, unconstitutional and unlawful.

“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 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.”

On his part, the magistrate, Oyetade Komolafe granted the request of the counsel saying, “I am not against Prophet T.B. Joshua and Lagos State is not against him. I will respect the law and await the report or verdict of the high court. Therefore, I will hands off the issue of inviting him as a witness for now till the outcome from the high court.”

-FEMI OYEWALE

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