Court Dismisses Lekki Gardens Director’s Motion

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 prema 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 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
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 with the alleged crime, and that it would be out of
place to deny him the opportunity to proof 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 matter 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 10 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 additional floor to the
building against what was approved by 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.

The government also listed some of the victims to include
William Akpati (M), Kazeem Ilesanmi (M), Raphael Ezeh (M), Saminu
Umar (M) and Sunday Ezeh (M).

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 prema 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 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
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 with the alleged crime, and that it would be out of
place to deny him the opportunity to proof 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 matter 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 10 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 additional floor to the
building against what was approved by 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.

The government also listed some of the victims to include
William Akpati (M), Kazeem Ilesanmi (M), Raphael Ezeh (M), Saminu
Umar (M) and Sunday Ezeh (M).