Court Restrains Lagos Govt from Prosecuting Synagogue Engineers

A new dimension was yesterday added to the much awaited arraignment of the trustees and two engineers of the  Synagogue Church of All Nations (SCOAN) as a Federal High Court in Lagos restrained the Lagos State Attorney-General from prosecuting the two engineers who built the collapsed guest house of SCOAN.

Justice Ibrahim Buba granted an order of injunction restraining the Commissioner of Police from arresting and detaining the applicants.
The orders, the judge said, will subsist until the engineers’ appeal against his earlier ruling is determined by the Court of Appeal.

Ruling on the engineers’ application for injunction pending appeal, Justice Buba,  urged the prosecution to ensure the appeal is heard expeditiously.

He warned that should the engineers fail to prosecute their appeal, they would be arrested and charged.
“In the circumstances of this case, the counter affidavit has not been able to show that I should not exercise my discretion judicially and judiciously.

“Even though the applicants had suffered defeat in this court, I am inclined to granting this application on the caveat or rider that the applicants must pursue their appeal diligently and vigorously so that justice can be done to all parties.

“The application for injunction pending appeal has merit and is granted. If the applicants fail to prosecute the appeal diligently, the order can be vacated by this court or the Court of Appeal depending on the situation, the time and place.

Lagos State had preferred a 111-count charge against the Registered Trustees of SCOAN and the engineers over the collapsed building.
Their arraignment was stalled on Monday and Justice Lateef Lawal-Akapo of the Ikeja High Court adjourned till December 11 because of the state’s inability to serve three of the defendants with the charge.

The charge borders on the defendants’ alleged failure to obtain approval for the collapsed building contrary to Section 41 of the Urban and Regional Planning Laws of Lagos State and involuntary manslaughter contrary to Section 222 of the Criminal Law of Lagos State.

The engineers – Oladele Ogundeji and Akinbela Fatiregun – had appealed against Justice Buba’s November 9ruling on their fundamental rights suit in which they sought to prevent their trial over the collapse which occurred on September 12 last year, killing 116 persons, including  some South Africans.

They had urged the court to restrain Lagos State government and the police from inviting, arresting or prosecuting them after they were indicted by a District Coroner, Oyetade Komolafe, a magistrate, who held in his verdict that the building collapsed due to structural defects. He recommended the engineers for investigation and prosecution for alleged criminal negligence.

But Justice Buba dismissed the application on the basis that the engineers did not make a successful case that their rights were about to be infringed.

Dissatisfied, the engineers appealed.
Following their appeal, they brought a fresh application before Justice Buba praying the court to restrain the Commissioner of Police “from arresting, detaining the appellant/applicants for any reason whatsoever in connection with the verdict of the fourth respondent (Komolafe) dated July 8, 2015 pending the determination of the appellant’s/applicant’s appeal against the ruling of the Federal High Court, Lagos Judicial Division, delivered by the Hon. Justice Ibrahim Buba on the 9th of November, 2015.”

They also prayed the court to restrain the Attorney-General, either by himself or his officers “from prosecuting or proceeding with the prosecution of the applicant/applicant on the basis of the fourth respondent verdict pending the determination of the appeal…”
The engineers said granting their application would ensure the preservation of the res (subject-matter of the suit) and prevent the appeal from being rendered nugatory.

Arguing the application yesterday, the applicant’s counsel Mr. Olalekan Ojo said: “The whole essence of the application is to protect the constitutional right of the applicants by preserving the intangible res of arrest and prosecution of the applicants. The interest of justice leans in favour of the preservation of the res.”

The state, through its counsel, Akinjide Bakare, prayed the court to refuse the application as it  was another attempt to stop the implementation of the Coroner’s recommendations.

Besides, he said the applicants do not have a valid appeal before the Court of Appeal, adding that the granting the application would stop the Attorney-General from performing his functions in line with the 1999 Constitution.