Coroner’s court has exceeded mandate, says counsel

COUNSEL to The Synagogue Church Of All Nations (SCOAN), Chief Lateef Fagbemi (SAN), Thursday said that the Coroner’s Court presided over by Chief Magistrate Oyetade Komolafe investigating the six-storey collapsed building of the church had exceeded the jurisdiction of a coroner’s court.

  Fagbemi stated this at the Lagos High Court sitting in Ikeja and presided over by Justice Lateefa Okunnu during the commencement of a suit against Magistrate Komolafe and the Lagos State Government

   Fagbemi, while arguing his application, told the court that the Lagos State Coroner’s Law 2007 only empowers the coroner’s court to determine the cause of death and identify the body of the deceased.

  According to him, taking evidence on the issues of approval and construction of the collapsed building are clearly outside the scope and jurisdiction of the coroner’s court.

  He further argued that Komolafe had been hearing evidence on such extraneous issues at the inquest, which began sitting on October 13, 2014.

  He said: “Sections 32 and 33 of the Coroner Law does not empower the coroner to summon persons to appear before the inquest.

  “The coroner’s summon on SCOAN’s founder, Prophet Temitope Joshua, to personally appear before the inquest is unconstitutional and a breach of his right to fair hearing. The coroner had demonstrated personal interest in the subject matter, which could lead to bias against his client.

  He prayed the court to grant the application and declare the coroner’s proceedings null and void.

  But counsel to the Lagos State Government, Mr. Afeez Owokoniran, in his response urged the court to dismiss the suit, saying that the coroner had extensive powers to investigate the cause and circumstances of death and bring his findings and recommendations to the attention of appropriate authorities.

   He said: “In doing this, he 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.

  “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.”

  Justice Okunnu has adjourned further hearing on the matter till February 17, 2015.