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 engineers – Oladele Ogundeji and 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 building which collapsed on September 12, 2014, had led to the death of 116 persons.
As a result, the Lagos state government set up a Coroner Inquest to unravel what went wrong.
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,” hence, 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 prayers by the engineers is the request 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.
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