The arraignment of 10 suspects linked to the collapse of a six-storey building in the Ikate Elegushi area of Lekki which allegedly killed five people on March 8, 2016, could not go on today at the Lagos High Court Sitting in Igbosere, Lagos Island.
An application filed by one of the defendants, Shola Olumofe, asking the court to dispense with his appearance until the issue of the court’s jurisdiction is settled, effectively stalled the arraignment.
The other defendants are the MD/CEO of Lekki Gardens, Nyong Richard, Odofin Henry, Molabake Mortune, Omotilewa Joseph, Marius Agwu, Lekki Gardens Estate Ltd, Get Too Rich Investment Ltd, HC Insight Solutions Ltd and Artech Insignia Ltd.
They were arraigned before the court but before the charges could be read to them, the presiding judge, Justice Sybil Nwaka, observed that Olumofe, Agwu and Artech Insignia Ltd were absent.
The defendants are facing six counts of failure to obtain building approval and involuntary manslaughter.
The alleged offences contravene Section 75(1) of the Urban & Regional Planning Development Law of Lagos State, 2015 and Section 224 of the Criminal Law of Lagos State, 2015.
The prosecutors alleged in the charges that the defendants “did commence and complete construction of a six-storey building with gross negligence and or reckless disregard for human life, leading to the death of William Akpati, Kazeem Ilesanmi, Raphael Ezeh, Saminu Umar and Sunday Ezeh”.
Counsel for the second defendant, Chief Richard Ahonaruogho, said his client was unaware of the arraignment and thought the proceedings was for the hearing of two motions he filed to challenge the court’s jurisdiction and dispense with the client’s appearance in court.
The lawyer also told the court that his client’s extrajudicial statement was never taken neither was he served a copy of the Information on which he was to be prosecuted.
The Commissioner for Justice and Attorney-General of Lagos State, Adeniji Kazeem, however, opposed the application, insisting that the business of the day was for arraignment. He also urged the court to issue a bench warrant for the arrest of the defendants’ absent in court.
Counsel to the MD of Lekki Gardens, Chief Wole Olanipekun (SAN), urged the court to allow the defendants continue on the bail already granted them by the magistrate court.
Justice Nwaka agreed and subsequently adjourned till June 1 for ruling on the second defendant’s application.
