Court blocks T. B. Joshua from dodging inquest

A federal high court in Lagos on Tuesday rebuffed concerted efforts by lawyer Olukoya Ogungbeje to halt the scheduled appearance of Prophet T. B. Joshua before the ongoing inquest into the collapse of a six-storeyed building within the premises of the Synagogue Church of All Nations.

The incident, which occurred on September 12 2014 at Synagogue Church in Ikotun area of Lagos, led to the sudden death of 116 people, mostly foreigners.

The Lagos state government had inaugurated the coroner’s inquest and appointed Oyetade Komolafe,a magistrate, to unravel the circumstances that led to the incident.

Komolafe visited the scene of the incident and summoned Joshua to appear before him on November 5, 2014.

But in the suit, which has the Lagos state government, attorney-general of the state and Komolafe as first to third defendants, Ogungbeje sought an order restraining further proceedings of the coroner’s inquest.

When the case came up on Tuesday, Kamar Bakare, a lawyer representing the defendants, told the trial judge, Justice Ibrahim Buba, that he was just served with the processes and that he needed time to respond.

But Ogungbeje’s lawyer, Nelson Okedinachi, urged the court to order that status quo should be maintained and that further proceedings of the coroner should be put on hold pending the determination of the suit.

Buba then asked “if heavens would fall if the coroner was not put on hold” and Okedinachi responded in the affirmative.

He said Joshua was billed to appear before the coroner on Wednesday, and that his appearance would overreach the case before the federal high court.

But in a brief ruling, Justice Buba turned down the request, saying he did not see how the coroner proceedings would affect Joshua.

“This court is not oblivious of the provisions of the Fundamental Human Right Enforcement Rules, under which the instant suit was filed,” he said.

“Prophet T.B Joshua is not a party to this suit. He is not in detention and I don’t see how the applicant in this suit would be affected if the Coroner is not restrained.

“In any case, this court can undo whatever that might have been done if there is any finding to that effect legally. This case is hereby adjourned to November 6, 2014 for hearing of the substantive suit.”

The applicant (Ogungbeje) had argued in the suit that the composition of the inquest was a negation of the principle of natural justice and Section 36 of the Constitution, and as such it was unconstitutional, null and void.

The lawyer recalled that the coroner’s inquest was constituted by the Lagos state government after its agencies had indicted T.B Joshua and his church of wrongdoing by adding additional structures on the building without approval.

He argued that if allowed to continue, the proceedings of the inquest would seriously occasion miscarriage of justice, as the same coroner would base its decision on the testimonies of the same agencies of Lagos state, which had openly indicted Joshua and his church.

For instance, the lawyer recalled that the Lagos State Emergency Agency (LASEMA), the Lagos State Building Control Agency, the Lagos State Fire Service, the Lagos State Traffic Management Agency (LASTMA) and others made public and prejudicial report in public domain that the building collapsed as a result of additional structures, while Joshua’s claim that the building collapsed as a result of an aircraft hovering round the building moments before it collapsed, was ignored.

“The Lagos State Building Control Agency even went ahead to seal up the main building of the church,” he said.

“The general manager of the agency even said in the papers and I quote him as follows: ‘We have investigated and found that they had no approval for the additional structures. Even the main church, which they have added about three floors to, was sealed two days ago.'”