Court Dismisses Suit Filed To Stop Lagos Coroner's Inquest

Olukoya Ogugbeje is the lawyer representing SCOAN in the ongoing inquest sitting set up by the Lagos State government.

The collapse, which occurred on September 12, resulted in the death of over 115 people, mostly South Africans.

The Nation reports that Mr. Ogungbeje had claimed the inquest was constituted after the state’s agencies had indicted the church’s founder Prophet T.B Joshua by concluding that he added structures on the building without approval.

He stated that Prophet Joshua’s right to fair hearing will likely be unfairly trampled upon by the respondents, namely Lagos State, the Attorney-General and Commissioner for Justice Mr Adeola Ipaye and the District Coroner Magistrate Oyetade Komolafe.

Dismissing the case, presiding judge, Justice Buba held that the applicant lacked the 'locus standi' to institute it.

Justice Buba said Ogungbeje’s fundamental rights has not been breached in any manner, adding that the church does not fall within the category of a “vulnerable” entity on which behalf a human rights action can be brought.

“Are Synagogue Church and Prophet T.B. Joshua ‘vulnerable section of the society’? It is the society that has become vulnerable to the church by losing over 100 lives,” the judge held.

Besides, he said the application was not brought on the church’s behalf or Joshua’s – and was not even in the members’ interest.

“T.B. Joshua and Synagogue church are not in detention or incapacitated to come to court. This case must be distinguished from cases brought on behalf of deceased persons whose right to life are being enforced or sought to be established,” the judge said.

Justice Buba said the lawyer completely misconceived the role of government’s agencies, saying the fact they indicted Joshua does not mean the coroner, which is not a court of law, has already made up his mind.

He said if, for instance, the prosecution strongly believes that a person is guilty and brings a charge against him, it does not mean the judge must make a conviction or that the accused would not get a fair hearing.

Justice Buba said besides the fact the coroner’s inquest is not a court of law but a fact-finding entity, Prophet Joshua and his church “are not complaining”.

“Supposing they are satisfied with what was said or alleged, what is the right of the applicant being infringed upon that the court can proceed to protect?” he asked.

According to the judge, Ogungbeje did not show any threat or injury he would suffer with the inquest, nor did he disclose a legal or justiceable right to protect.

“A trial court will only have jurisdiction to enforce the fundamental rights of an applicant guaranteed under Chapter 4 of the constitution if the main reliefs involve a breach of the fundamental rights of the applicant,” he said.

The judge said the coroner was set up by the state executive, and by the principles of separation of powers, the court would not ordinarily interfere in the workings of another arm of government.

“After a calm consideration of all the issues and arguments, the applicant has failed to make a case for the enforcement of fundamental rights.

“The case lacks merit, same be and is hereby dismissed,” Justice Buba held.

The inquest was constituted on September 26 under the Coroner’s System Law No. 7 of 2007 to investigate the causes and circumstances surrounding the building’s collapse.

Ogungbeje sought an order nullifying the inquest proceedings so far, as well as a perpetual injunction restraining the respondents from calling further witnesses.

He prayed the court to stop them from sitting, investigating, embarking on fact-finding or taking any untoward action in any manner whatsoever on any facts connected to the case.