A Lagos High Court on Thursday commenced
hearing in the objection filed by the Founder, Synagogue Church of All
Nations, Prophet T.B. Joshua, against the coroner’s inquest into the
circumstances surrounding the collapse of the church’s six-storey guest
house.
About 116 persons, mostly South Africans, died in the September 12, 2014 tragedy.
The Lagos State Government had
inaugurated the coroner’s inquest to determine the cause of the victims’
death but Joshua had asked the court to conduct a judicial review of
the coroner’s inquest since it began on October 13, last year.
The prophet, through his lawyer, Chief
Lateef Fagbemi, SAN, specifically asked the court to determine whether
the witness summons served on him to personally appear before the
coroner was not a breach of his right to fair hearing.
He also wanted Justice Latifa Okunnu to
determine whether the coroner had not been extending the inquest into
areas beyond his constitutional bounds.
Canvassing arguments in favour of
Joshua’s application on Thursday, Fagbemi submitted that under the
provision of the Lagos State Coroner’s Law, 2007, Komolafe’s inquest was
limited only to the determination of what was responsible for the
victims’ death “and nothing more.”
The senior lawyer stressed that the law
did not empower the coroner to inquire into what was responsible for the
building collapse.
Fagbemi further submitted that the
witness summons served on Joshua to personally appear before the coroner
was an infringement on his right to fair hearing and did not conform
with sections 32 and 33 of the Lagos State Coroner’s Law, 2007.
He therefore urged the court to restrain
the coroner from further acting outside his constitutional authority and
to declare null and void such portions of the proceeding already
conducted outside the limit.
Responding, counsel for the Lagos State
Government, Mr. Afeez Owokoniran, however, maintained that the coroner
had the backing of the law to embark on an extensive investigation in
his mandate to determine what killed the victims.
He argued, “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.”
The matter has been adjourned till February 17 for further hearing.
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