Justice Ibrahim Buba of the Federal High Court in Lagos on Monday dismissed the
fundamental human rights enforcement suits filed by the engineers who constructed the collapsed six-story building at the Synagogue Church of All
Nations (SCOAN) in Ikotun area of Lagos.
The collapse of the building, which occurred on September 12, 2014, had led to the death of 116 persons.
The engineers – Mr. Oladele Ogundeji and Mr. Akinbela Fatiregun, had filed two
separate suits before Justice Buba seeking an order restraining the police from inviting, arresting or prosecuting them over the victims’ death.
The Lagos State Government thereafter set up a Coroner Inquest to unravel what
went wrong, and via a verdict delivered on August 7, 2015 by Magistrate Oyetade
Komolafe, the Coroner indicted the engineers and recommended them for investigation and prosecution for criminal negligence.
Justice Buba, in his ruling on the defendants’ preliminary objection on Monday, held that the engineers “had not made out a case of infringement on their
fundamental rights even on the merit of the application,” and dismissed their applications.
The judge, who noted that the Coroner Law was an enactment of the Lagos State
House of Assembly, which is constitutionally empowered to make laws in the state, said “the Federal High Court could not dabble into the affairs of
the state and start dishing out injunctive orders.”
On the prayer by the engineers asking for an order of perpetual injunction
restraining the Lagos State Attorney General or any officer under his authority
from initiating or commencing criminal proceedings against them based on the
verdict of the Coroner, Justice Buba held that such request was ungrantable in
the circumstance of the case under review.
The judge added: “The Coroner’s inquest is not a court of law; it does not
find anybody guilty, it only recommends. The Federal High Court cannot tamper
with the Coroner Law, which is a Constitutional enactment of the Lagos State House of Assembly.”
The Lagos State Governor, Mr. Akinwunmi Ambode, after the Coroner’s verdict,
had promised implementation of the decision of the Coroner Inquest.
While reacting to Monday’s verdict by Justic Buba, the State Government hailed
the ruling, and disclosed that Government would immediately seek arraignment
and prosecution of the suspects at the Lagos High Court where charges are
pending before Honourable Justice Lawal Akapo.
The Government’s position was contained in a statement from the office of the
Attorney General of Lagos State and Commissioner for Justice, Mr. Adeniji
Kazeem.
