Two structural engineers indicted in the six-storey Synagogue Church of All Nations (SCOAN) building collapse have urged the Federal High Court in Lagos to dismiss a preliminary objection to their suit by the Lagos State government.

Oladele Ogundeji and Akinbela Fatiregun are praying the court to quash a District Coroner’s verdict, which found them culpable after an inquest.

They filed separate suits against the Commissioner of Police, the Council for the Regulation of Engineering in Nigeria (COREN), the Attorney-General and the District Coroner.

Yesterday, the engineer’s lawyer, Olalekan Ojo, said the coroner’s verdict could not be a basis for arresting, investigating or prosecuting his clients.

Arguing Ogudeji’s reply to the objection, he said: “The fulcrum of the applicant’s case is that he was not charged with any offence before the coroner; he merely appeared as a witness and the coroner went on to indict him of criminal negligence and it is a nullity.

“As far as this case is concerned, there is nothing against him; then what are the police acting upon? The applicant is saying that his indictment by the coroner court is a nullity and being a nullity the first to third defendants cannot on the basis of a nullity arrest, detain or charge the applicant to court.

“We are here so that they don’t use their powers to oppress us,” Ojo said.

However, the respondents, represented by A.A. Bakare, said the engineers’ case was not rights enforcement action but was designed to stop government agencies from performing their statutory duties.

“Nobody has indicted the builder; all that was recommended by the coroner was police investigation and if found culpable, charge the builder to court. The police have invited the applicant to ‘come and tell own your side of the story.’ Does that amount to human rights violation?

“I would not want to contemplate that there is a law in this country preventing the police from inviting a citizen for questioning. I urge Your Lordship not to allow this applicant to pervert the course of justice,” Bakare said.

COREN’s lawyer Abumere Osara said the engineer’s reliefs were not provided for under Chapter 4 of the constitution. According to him, Ogundeji did not prove that COREN had or was about to violate his right, adding that he was subject to COREN probe as a member.

“COREN, a statutory body established by law, has the duty to investigate any of its members for professional misconduct. What the applicant is asking is to prevent COREN from carrying out its statutory functions; it’s like asking the court not to hear a case or give judgment.

“Even the highest executives in Nigeria are not immune to being investigated. The only being that I know cannot be subjected to investigation is God or Allah Himself,” Osara said.

The engineers are challenging the July 8 inquest verdict on the death of 116 persons in the building crash. Ogundeji and Fatiregun were accused of criminal negligence regarding the building’s construction. The Coroner recommended them for criminal prosecution.

The state’s objection to their suit is on the ground that the applicants’ main complaint is not for enforcement of their fundamental human rights but to challenge the Coroner’s verdict.

The state said the respondents were not Federal Government agencies, therefore, their action or decisions were not subject to the court’s jurisdiction. Lagos said the engineers’ application “is a gross abuse of court process.”

Justice Ibrahim Buba adjourned to November 2 for ruling.
http://thenationonlineng.net/synagogue-engineers-urge-court-to-dismiss-lagos-case-2/

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