Justice Lateef Lawal-Akapo of a Lagos High Court sitting in Ikeja on Tuesday remanded the two engineers who handled the construction of the collapsed seven-storey guest house building the Synagogue Church of All Nations (SCOAN) at the Kirikiri Maximum Prison.
The building which collapsed September 12, 2014 had killed 116 people, 85 of whom were South Africans.
Oladele Ogundeji and Akinbela Fatiregun, were remanded after they pleaded not guilty to a 111-count charge of gross negligence and criminal manslaughter preferred against them by Lagos state government.
The prosecution led by the Director, Directorate of Public Prosecution (DPP), Mrs Idowu Alakija, alleged the defendants committed the offences between August 20 and September 2013.
Alakijja alleged that the defendants constructed a seven-storey building at the Synagogue Church of All Nations (SCOAN) Ikotun Egbe area of Ikeja, Lagos with “gross negligence and disregard for human life”.
The formal arraignment of the trustees of the church came after Justice Lawal-Akapo dismissed two separate applications filed by counsels to the defendants, Mrs Titi Akinlawon (SAN) and Chief E.L. Akpofure (SAN).
Akinlawon who is the counsel to Fatiregun had in an application dated March 3, 2016 prayed for an order adjourning further hearing pending the determination of her application of before the Court of Appeal.
Akpofure who is the counsel to Ogundeji had also, in his application dated February 17 objected to the inclusion of Jandy Trust Limited as one of the defendants.
He said there was nothing in the proof of evidence linking the company to the crimes.
But Justice Lawal-Akapo in his ruling said “Section 273 of the Administration of Criminal Justice Law (ACJL) states that subject to the constitution, an application for a stay of proceedings in respect of a criminal matter before the High Court should not be entertained before the Court.”
Lawal-Akapo added “I find no merit in the two applications, they are lacking in merit and substance.
“This is a clear case of abuse of court processes to the irritation and annoyance of the court.”
The Judge immediately ordered the arraignment of Fatiregun, Ogundeji and the trustees of SCOAN despite a lot of opposition from the defence.
The order of the court drew a mild drama into the proceedings as the counsels representing the defendants made several attempt to prevent the court from proceeding with the arraignment.
While Chief Lateef Fagbemi (SAN) representing SCOAN argued that since the business of the court was for ruling, it would be improper to proceed with arraignment.
Akpofure for instance told the court that his mother died and that as the only son, he is emotionally disturbed and needs to take a flight home to make necessary arrangements for burial immediately.
But the DPP, Alakija said she was also bereaved even more that Akpofure but that she was not going to make it the business of the court.
Justice Akapo unperturbed by the outpourings of the counsels, however overruled them and ordered that the charges be read to the accused persons.
After they made a not guilty plea, Justice Lawal-Akapo ordered the engineers to be remanded in Kirikiri Maximum Prison.
The trial judge subsequently adjourned the matter to April 26, 2016 for hearing of the defendants bail applications.
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