Hearing in
the objection filed by the Founder, Synagogue Church Of All Nations,
Prophet T.B. Joshua, against the coroner’s inquest into the
circumstances surrounding the collapse of the church’s six-storey guest
house, began on Thursday.
About 116 persons died in the September 12, 2014 tragedy.
The Lagos State Government had inaugurated the coroner’s inquest to narrow down to the cause of the victims’ death.
However,
Joshua had asked a Lagos State High Court in Ikeja to conduct a judicial
review of the coroner’s inquest since it began on October 13, last
year.
The
prophet, through his lawyer, Chief Lateef Fagbemi, specifically asked
the court to determine whether the witness summons served on him to
personally appear before the coroner was not a breach of his right to
fair hearing.
He also
wanted Justice Latifa Okunnu to determine whether the coroner had not
been extending the inquest into areas beyond his constitutional bounds.
Canvassing
arguments in favour of Joshua’s application on Thursday, Fagbemi
submitted that under the provision of the Lagos State Coroner’s Law,
2007, Komolafe’s inquest was limited only to the determination of what
was responsible for the victims’ death and nothing more.
The senior
lawyer stressed that the law did not empower the coroner to inquiry
into what was responsible for the building collapse.
Fagbemi
further submitted that the witness summons served on Josahua to
personally appear before the coroner was an infringement on his right to
fair hearing and did not conform with sections 32 and 33 of the Lagos
State Coroner’s Law, 2007.
He
therefore urged the court to restrain the coroner from further acting
outside his constitutional authority and to declare as null and void
such portions of the proceeding already conducted outside the limit.
Responding,
counsel for the Lagos State Government, Mr. Afeez Owokoniran, however,
maintained that the coroner had the backing of the law to embark on an
extensive investigation in his mandate to determine what killed the
victims.
He argued,
“In order to determine the cause of death, the coroner has the latitude
to investigate issues pertaining to building approval, soil testing and
materials used in the construction of the collapsed building.”
Owokoniran submitted further that the coroner operated within the bounds of the law when he issued a witness summons on Joshua.
“In doing
in his job, the coroner has all the powers of a magistrate to summon and
compel the attendance of witnesses, including medical examiners, and
require them to give evidence, produce documents or present other
relevant materials,” he added.
The matter was adjourned till February 17 for further hearing.

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