Court Dismisses Suit Filed
To Stop Lagos Coroner's
Inquest
Oge Okonkwo | 15:37 | 18.11.2014
Dismissing the case, presiding judge, Justice
Buba held that the applicant lacked the 'locus
standi' to institute it
A suit filed by a lawyer representing
Synagogue Church of All Nations (SCOAN) has
been dismissed by the Federal High Court in
Lagos yesterday.
Olukoya Ogugbeje is the lawyer representing
SCOAN in the ongoing inquest sitting set up by
the Lagos State government.
The collapse, which occurred on September 12,
resulted in the death of over 115 people,
mostly South Africans.
The Nation » reports that Mr. Ogungbeje had
claimed the inquest was constituted after the
state’s agencies had indicted the church’s
founder Prophet T.B Joshua by concluding that
he added structures on the building without
approval.
He stated that Prophet Joshua’s right to fair
hearing will likely be unfairly trampled upon by
the respondents, namely Lagos State, the
Attorney-General and Commissioner for Justice
Mr Adeola Ipaye and the District Coroner
Magistrate Oyetade Komolafe.
Dismissing the case, presiding judge, Justice
Buba held that the applicant lacked the 'locus
standi' to institute it.
Justice Buba said Ogungbeje’s fundamental
rights has not been breached in any manner,
adding that the church does not fall within the
category of a “vulnerable” entity on which
behalf a human rights action can be brought.
“Are Synagogue Church and Prophet T.B.
Joshua ‘vulnerable section of the society’? It is
the society that has become vulnerable to the
church by losing over 100 lives,” the judge
held.
Besides, he said the application was not
brought on the church’s behalf or Joshua’s –
and was not even in the members’ interest.
“T.B. Joshua and Synagogue church are not in
detention or incapacitated to come to court.
This case must be distinguished from cases
brought on behalf of deceased persons whose
right to life are being enforced or sought to be
established,” the judge said.
Justice Buba said the lawyer completely
misconceived the role of government’s
agencies, saying the fact they indicted Joshua
does not mean the coroner, which is not a
court of law, has already made up his mind.
He said if, for instance, the prosecution
strongly believes that a person is guilty and
brings a charge against him, it does not mean
the judge must make a conviction or that the
accused would not get a fair hearing.
Justice Buba said besides the fact the coroner’s
inquest is not a court of law but a fact-finding
entity, Prophet Joshua and his church “are not
complaining”.
“Supposing they are satisfied with what was
said or alleged, what is the right of the
applicant being infringed upon that the court
can proceed to protect?” he asked.
According to the judge, Ogungbeje did not show
any threat or injury he would suffer with the
inquest, nor did he disclose a legal or
justiceable right to protect.
“A trial court will only have jurisdiction to
enforce the fundamental rights of an applicant
guaranteed under Chapter 4 of the constitution
if the main reliefs involve a breach of the
fundamental rights of the applicant,” he said.
The judge said the coroner was set up by the
state executive, and by the principles of
separation of powers, the court would not
ordinarily interfere in the workings of another
arm of government.
“After a calm consideration of all the issues and
arguments, the applicant has failed to make a
case for the enforcement of fundamental rights.
“The case lacks merit, same be and is hereby
dismissed,” Justice Buba held.
The inquest was constituted on September 26
under the Coroner’s System Law No. 7 of 2007
to investigate the causes and circumstances
surrounding the building’s collapse.
Ogungbeje sought an order nullifying the
inquest proceedings so far, as well as a
perpetual injunction restraining the respondents
from calling further witnesses.
He prayed the court to stop them from sitting,
investigating, embarking on fact-finding or
taking any untoward action in any manner
whatsoever on any facts connected to the case.
Wednesday, 19 November 2014
Court dismissed suit filed against synagogue.....
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