Manslaughter: Synagogue engineers get N20m bail

A Lagos State High Court in Ikeja on Tuesday
granted N10m bail each to two engineers,
Oladele Ogundeji and Akinbela Fatiregun, who
constructed the collapsed Synagogue Church Of
All Nations’ six-storey building.

The building, which collapsed on September 12,
2014 killed no fewer than 116 persons and left
many others injured.

The two engineers alongside their companies –
Hardrock Construction and Engineering
Company and Jandy Trust Limited – are being
tried on 110 charges of involuntary
manslaughter.
Standing trial along with them are the
Registered Trustees of SCOAN, who were
charged with the offence of building without the
approval of the state.

The defendants were arraigned on April 19,
2016 by the Lagos State Directorate of Public
Prosecutions before Justice Lateef Lawal-Akapo.

They had pleaded not guilty, following which the
Lagos State Director of Public Prosecutions, Mrs.
Idowu Alakija, urged the judge to remand
Ogundeji and Fatiregun in prison custody
pending trial.

However, counsel for the 4th defendant,
Fatiregun, Mr. Olalekan Ojo, and that of the 5th
defendant, Ogundeji, Mrs. Titilola Akinlawon
(SAN), respectively filed applications urging the
court to admit their clients to bail on liberal
terms.

Ruling on the bail applications on Tuesday,
Justice Lawal-Akapo said he was inclined to
admit Ogundeji to bail because the state did not
contradict the argument of his lawyer that
Ogundeji was a law-abiding citizen, who did not
jump the administrative bail earlier granted
him by the police and another bail granted him
by a magistrate’s court where he was first taken.

The judge also affirmed the argument of
Fatiregun’s lawyer, Ojo, who described as
speculative the claim by the state that Fatiregun,
who was not resident in Lagos State, might flee
the court’s jurisdiction if granted bail.
Justice Lawal-Akapo agreed with the submission
of the counsel for the 2nd defendant, Chief E.L.
Akpofure (SAN), who argued that “speculation
has no place in law.”

The judge said as none of the seven conditions
for granting bail listed by the Court of Appeal
was against the engineers, he was inclined to
exercise his discretion in their favour.

He thus admitted each of Ogundeji and
Fatiregun to bail in the sum of N10m each with
two sureties in like sum.
One of the sureties, the judge said, must be a
civil servant on not less than Grade Level 14,
whose employment status must be confirmed
by the Head of Service concerned.

The second surety, the judge said, must own
landed property in Lagos State and must be
willing to deposit the title document with the
court.

The court said the surety must show evidence of
three years tax clearance by the state, as well as
supply his utilities bills and other documents
authenticating his residential address.

The judge said the chief registrar of the court
must verify the suitability of the sureties to
stand for the accused persons.

He also ordered the accused person to deposit
their passports with the chief registrar pending
the conclusion of trial.

Further proceedings in the case were adjourned
till May 19, 2016 when the state is expected to
open its case.