A Federal High Court in Lagos State has fixed September 30 to hear a suit filed by Messrs Oladele Ogundeji and Akinbela Fatiregun, the structural engineers of the Synagogue Church of All Nations (SCOAN) seeking to stop the police from arresting or questioning them over the collapse of a six-storey building within the premises of the church.
Hearing of the matter was stalled, on Monday, owing to the inability of the Council for the Regulation of Engineering in Nigeria (COREN), the second respondent, to file its counter affidavit to the application.
COREN's lawyer, L.O. Karim, while addressing the court on Monday, disclosed that he had just been briefed about the matter and that he was yet to file any process in the matter.
"I have just been briefed about this matter. My client is out of jurisdiction and I am yet to file any process. In view of this, I shall be seeking for an adjournment to enable me put in the neccesary processes," he said.
Karim's request was not opposed to by both the applicants' lawyer, Olalekan Ojo and other respondents' lawyer, Lawal Pedro (SAN).
However, the trial judge, Justice Mohammed Idris, faulted Karim's request on the ground that the stipulated period of five days allowed for COREN to file its response to the suit has lapsed.
"COREN was served by the applicants on the 24th of July, 2015 and their five days to respond has expired. The court cannot wait endlessly for the second respondent. There is no reason the matter should be further adjourned," Justice Idris said.
The judge further noted that for the applicants' lawyer to agree with the request for adjournment, it means there was nothing urgent in the matter again.
He thereafter adjourned the matter till September 30 for hearing.
It would be recalled that a Lagos coroner, Oyetade Komolafe, who conducted an inquest into the deaths of the 116 persons that died during the building collapse, had on July 8 indicted Ogundeji and Fatiregun of criminal negligence and recommended them for criminal prosecution by Lagos State.
The Lagos State governor, Akinwunmi Ambode, had also declared the readiness of the state to implement the coroner's verdict, including filing criminal charges against the church and the two engineers.
Dissatisfied with the coroner's verdict, Ogundeji and Fatiregun, through their lawyer, Olalekan Ojo, filed two ex-parte applications seeking to restrain the police from inviting or arresting them for questioning.
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