Collapsed Building: Court Dismisses Lekki Gardens’ Motion

Cat:

Related stories

Tinubu Departs Saint Lucia, Heads to Brazil for BRICS Summit

By Abiola Olawale President Bola Ahmed Tinubu departed Saint Lucia...

2027: Drama, Intrigues as Julius Abure Tells Otti to Quit Labour Party

By Abiola Olawale In a dramatic turn of events, Barrister...

FG Secures $100m for Lagos-Calabar Project from ECOWAS Bank

By Abiola Olawale The Nigerian government has reportedly secured a...

Ex- Arsenal Star Thomas Partey Faces Rape, Sexual Assault Charges in UK

By Abiola Olawale The Metropolitan Police have formally charged former...

Edwin Cortes: Prefers Being A Small Puerto Rican Than Big American

By Owei Lakemfa To be a citizen of the United...

…Says Era Of Technicality Dead And Buried

A Lagos High Court in Igbosere on Thursday dismissed a motion by the Executive Director of Lekki Gardens Estate Limited, Mr Sola Olumofe seeking to quash the criminal charges filed against him and others by the Lagos State Government over alleged negligence in the events leading to the collapse of a building in Lekki area of the State on March 10, 2016.

Olumofe, the Managing Director of Lekki Gardens, Richard Nyong and others are standing trial before Justice Sybil Nwaka over the building collapse which reportedly claimed 34 lives.

Other defendants are Odofin Henry Taiwo, Omolabake Mortune, Omotilewa Oluwatosin Joseph, Lekki Gardens, Get Too Rich Investment Limited and HC Insight Solution Limited.

Olumofe, through his lawyer, George Oguntade (SAN) had urged the court to quash the charge against him on the grounds that the criminal charge disclosed no ‘prima facie’ case against him, and that the prosecution failed to invite him for questioning before the charge was filed.

In response, the State Government had faulted the application, saying even Olumofe admitted in his supporting affidavit that there was a nexus between him and the matter, being the lead technical professional in the making of decisions with respect to the construction of the collapsed building.

The Government had further argued that aside the fact that the Attorney-General of the State has the constitutional duty to file a criminal charge against anyone reasonably suspected to have committed a crime, the said Olumofe was invited by the police and the Building Collapse Prevention Guild set up by government to investigate the matter, but he failed to present himself for questioning.

In her ruling, Justice Nwaka held that from the facts of the matter before the court, there were sufficient materials linking the defendant to the alleged crime and that it would be out of place to deny him the opportunity to prove his innocence.

“I have critically looked at the information and proof of evidence, as well as the counter affidavit. I have also looked at the further affidavit of the applicant.

“I am of the opinion that sufficient linkage exists in the proof of evidence to connect the applicant with the information.

“The era of technicality is dead and buried; courts are expected to do substantial justice,” Justice Nwaka ruled, and thereby dismissed the application, and as well ordered arraignment of the defendants.

But midway into the arraignment, the defence team led by Wole Olanipekun (SAN) raised an objection on the ground that there was no seal of a legal practitioner as required by Rule of Professional Conduct, and as such urged the court to refuse to go on with the matter.

Olanipekun admitted that the proof of evidence contained the seal but argued that it was not contained in the information, saying that such was fatal to the case.

Responding, the prosecution team led by the Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem said aside the fact that the seal was contained in the information, Section 77 (1) (e) of the Administration of Criminal Justice Law was unambiguously clear as to how to commence a criminal trial which had been duly complied with in the case.

Kazeem said it was unfortunate that a simple issue such as seal was allowed to delay the matter, and therefore urged the court to dismiss the objection and proceed with the case. The court consequently adjourned to July 3, 2017, for ruling and further directive.

Tragedy had struck on 10th March 2016 when a six-storey building under construction by Lekki Gardens in Lekki area of the State collapsed and killed 34 people.

The developer was said to have added an additional floor to the building against what was approved by the government for construction.

Specifically, the defendants are facing six-count charges for failure to obtain building approval for the collapsed building and involuntary manslaughter, offences contrary to and punishable under Section 75 (1) of the Urban and Regional Planning and Development Law of Lagos State 2010, and Section 229 of Criminal Law of Lagos State, 2015 respectively.

Hamilton Nwosa
Hamilton Nwosa
Hamilton Nwosa is an experienced, and committed communication, business, administrative, data and research specialist . His deep knowledge of the intersection between communication, business, data, and journalism are quite profound. His passion for professional excellence remains the guiding principle of his work, and in the course of his career spanning sectors such as administration, tourism, business management, communication and journalism, Hamilton has won key awards. He is a delightful writer, researcher and data analyst. He loves team-work, problem-solving, organizational management, communication strategy, and enjoys travelling. He can be reached at: hamilton_68@yahoo.com

Subscribe

- Never miss a story with notifications

- Gain full access to our premium content

- Browse free from up to 5 devices at once

Latest stories

NDN
Latest News
Tinubu Departs Saint Lucia, Heads to Brazil for BRICS Summit2027: Drama, Intrigues as Julius Abure Tells Otti to Quit Labour PartyFG Secures $100m for Lagos-Calabar Project from ECOWAS BankEx- Arsenal Star Thomas Partey Faces Rape, Sexual Assault Charges in UKEdwin Cortes: Prefers Being A Small Puerto Rican Than Big AmericanJune 12 And The International Pursuit of Justice For Abiola, By Femi FalanaBreaking Down the West’s $146 Billion 2024 Defence Technology InvestmentG7 vs. the World: GDP, Population, and Military StrengthUS drillers cut oil and gas rigs for 10th week in a row, Baker Hughes saysExclusive! Tinubu Tips Late Ajimobi's Wife, Florence, Others for Ambassadorial PostsTinubu Mourns, Pays Tribute to Legendary Super Eagles Goalkeeper Peter RufaiNatasha vs Akpabio: Court Orders Senate President To Recall Senator NatashaHadi Sirika Denies Defection to ADC Coalition Rumors, Reaffirms Loyalty to Buhari, APCChina Snubs U.S. Crude for Third Month, Even as Ethane Trade RestartsHow Super Eagles Icon Peter Rufai passed Away at 61
X whatsapp