An Application seeking to stop the prosecution of two engineers who built the collapsed Synagogue Church of All Nations’ six-storey building has been rejected by the Lagos State Government.
The two structural engineers, Messrs Oladele Ogundeji and Akinbela Fatiregun, had filed an application in court asking that the verdict of the coroner’s inquest, which stated that they be prosecuted for criminal negligence be thrown out.
Both engineers are seeking an order of perpetual injunction stopping the Lagos State Attorney General or any officer under his authority from instituting the criminal proceedings against them base on the coroner’s verdict.
They also asked the court to restrain the police from arresting and investigating them on the basis of the coroner’s verdict.
The coroner inquest found out that structural defect was responsible for the collapse of the building on July 8, which was a direct contrast to the claim by SCOAN that the collapsed building was sabotaged.
The coroner, Mr. Oyetade Komolafe, had recommended that the engineers be held responsible for the death of the 116 persons who lost their lives during the September 12, while recommending that they be prosecuted.
But the engineers had approached a Federal High Court in Lagos asking that the verdict of the coroner be dismissed.
The engineer through their lawyer, Mr. Olalekan Ojo while seeking the protection of the court said the police had been after them, claiming that their constitutional rights to dignity and personal liberty as contained in sections 34 and 35 of the constitution, were not being respected as they had no freedom to go about their daily activities.
They urged the court to make an order restraining the police from arresting or inviting them for questioning based on the verdict of the coroner.
The court, presided over by Justice Mohammed Idris, after listening to Ojo on July 22, ordered the police to suspend all actions in the matter till the suit filed by the engineers would be determined.
At the resumed proceedings on Monday, Lagos State, represented by its Solicitor General, Mr. Lawal Pedro, asked the court to to reject the demands of the engineers.
As opposed to the engineers’ claim that the suit was filed to protect their fundamental human rights, Pedro contended that the suit was aimed at quashing the verdict of the coroner.
Pedro who challenged the jurisdiction of the court to adjudicate over the case, said since the respondents were not agencies of the Federal Government they were not subjected to the authority of the Federal High Court where the engineers filed their suit describing the suit as “a gross abuse of court processes.”
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