A Federal High Court sitting in Lagos has
declined an oral application by an applicant,
Mr Olukoya Ogungbeje, seeking to stop
further sittings of the Coroner’s court, until it
hears the case on its merit.
“Although, the applicant wants an order of
interim injunction restraining T.B Joshua
from appearing before the coroner, I must
say that he is not a party to the suit, neither
is he held in detention,” said Trial Judge,
Justice Ibrahim Buba, in his ruling.
A Coroner’s Court had been set up by the
Lagos State government on September 26 to
unravel the circumstances leading to the
collapse of a building at the Synagogues
Church Of All Nations (SCOAN) on September
12, where 116 people died. The Coroner,
Magistrate Oyetade Komolafe had summoned
Pastor TB Joshua to testify on the building
collapse.
Ogungbeje, a Lagos-based lawyer is seeking
an order, restraining further proceedings in
the suit, pending the determination of a
substantive suit at the Federal High Court,
where the Lagos State Government, the
Attorney General of the State, Mr Ade Ipaye,
and Magistrate Oyetade Komolafe are
defendants.
Justice Buba in his ruling however
maintained that “The respondents were
served with the court processes on Friday,
and by the rules, they have five days to
respond, but time was abridged and they
accepted, and so, let us not loose sight of
the issue here.
“If applicant was the party summoned before
the coroner, then the issue of a restraining
order will arise, but in this situation, how can
I restrain the whole world.
“The applicant has not shown that he will
suffer any danger if the restraining order is
not granted, and so, I will hear this case on
its merit on Thursday, Nov. 6, and I will not
grant any restraining orders; this is the ruling
of this court,” he said.
Reacting, counsel to the applicant, said
although he was not opposed to the
adjournment, it was important for the court
to issue an order, restraining the Coroner
from further inquest.
He informed the court that the General
Overseer of the Church, Prophet T.B Joshua,
had already been summoned to appear
before the Coroner on November 5, stressing
the importance of stopping them.
“The draconian speed at which the coroner’s
court is sitting, simply means that after it
summons Prophet T.B Joshua, it would
make its findings and submit its report, then
this entire suit will be a waste,” the counsel
said.
“It is therefore important for my lord to
restrain them from further inquest in the
suit.”
Buba however reminded the counsel that the
inquest was constituted by the Lagos State
Government after the agencies of the state
government had indicted the Church of
erecting additional structures on an already
existing building without approval.
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