Synagogue Church of All Nations (SCOAN) and its founder,
Prophet T.B. Joshua, yesterday lost bid to halt the ongoing Coroner’s Inquest
into its collapsed guest house, in an application filed before a Lagos State
High Court, Ikeja
The presiding judge, Justice Lateefa Okunnu held that the
application was premature and lacking in merit.
She said: “I find therefore the present application lacks
merit and has failed in its entirety. It is accordingly dismissed.”
On whether Coroner Inquest can be sued or can sue, Justice
Okunnu said that although the coroner’s court cannot be sued, but the Coroner
Judge, Chief Magistrate Oyetade Komolafe can be sued in his capacity as a
coroner.
Delivering her ruling, Justice Okunnu further held that the
court needed to resolve the issue whether the coroner has acted contrary to the
rules of natural justice by not granting the applicants a fair hearing and
whether he has exceeded the scope of a coroner’s court.
According to her: “Sections 26 and 27 of the Coroner’s
System Law of Lagos State 2007, empowered the Coroner to summon any witness to
assist him in his fact-finding mission. There was nothing unusual in the
summons extended to Joshua.” The judge said there was no evidence before the
court that the Coroner had been biased against the applicant and therefore
dismissed the suggestion.
She also held that the coroner judge had the prerogative to
take evidence from any witness he deemed relevant to reaching his conclusions.
The applicants (SCOAN and Joshua) had dragged the coroner’s
court and the coroner, (Komolafe) before JusticeOkunnu asking for a judicial
review of the proceedings.
Meanwhile their counsel, Chief Lateef Fagbemi (SAN), had
asked the court to determine whether the witness summons served on Joshua to
appear before the coroner did not constitute an infringement on his right to
fair hearing.
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