Ladipo Sanusi/
Managing Director of Lekki Gardens Estate Limited, Mr. Nyong Robert, was today arraigned at the Igbosere High Court, Lagos, on six-count charge bordering on failure to obtain building permit and involuntary manslaughter.
Nyong was charged before Justice S.O. Nwaka alongside five other persons and four limited liability companies, all of whom were indicted over the collapse of a building that killed five people and left several others injured, on March 8, 2016, in Lekki, Lagos.
Those present in court along with Nyong are, Odofin Henry Taiwo, the engineer that supervised the collapsed structure, Omolabake Mortune, and Omotilewa Oluwatosin Joseph.
The companies that were represented include, Lekki Gardens Estate Limited, Get Too Rich Investment Limited (aka GT Rich Investment Limited) and HT Insight Solution Limited.
The second, sixth and tenth defendants, Sola Olumofe, Marius Agwu and Artech Insigna Limited were absent at Wednesday’s proceedings.
The pleas of the defendants, however, could not be taken, as the second defendant, through his counsel, informed the court of his pending applications, which seek to dispense with his appearance before the court, as well as a preliminary objection callenging the court’s jurisdicton to try him.
The counsel further argued that the second defendant did not need to appear before the court until the determination of his two applications, as doing so would mean that he had submitted himself to the court’s jurisdiction, which is one of the legs of his applications.
Citing plethora of authorities to support his applications, he added that the Supreme Court had ruled that the best time to challenge jurisdiction is before the plea is taken.
Responding, counsel to Lagos State, Mr. Kazeem Adeniji, who is also the Attorney-General and Commissioner forJustice, told the court that the business of the day was the arraignment of the defendants, adding that it is after they have submitted themselves to the court that they can then raised objection to their trial.
The AGF argued that the operational law guiding criminal proceedings is the Administration of Criminal Justice Law of Lagos State (ACJL).
He further said that Section 235 of ACJL states clearly that if a defendant refused to appear before the court to take his plea and did not give sufficient reason as to the cause of his absence, the trial judge is empowered to issue a bench warrant against such defendant.
Adeniji, therefore, urged the court to issue a bench warrant against the 2nd, 6th and 10th defendants, who were not in court.
In his own submission, counsel to Nyong, Chief Wole Olanipekun (SAN), applied to the court to allow his client to continue to enjoy the bail granted him by a Chief Magistate’s Court, where he had earlier been charged to for the same offence.
Lawyers representing the other defendants also aligned themselves with Olanipekun’s submissions.
After listening to counsels from both sides, the judge adjourned the matter till June 1 for ruling on the application to dispense with the appearance of the second defendant.
He also ordered that the other defendants should continue to enjoy the bail earlier granted them by the court and the police.
Lagos State, in charge number LD/3808c/2017, alleged in the statement of offence that “the defendants failed to obtain building permit and other building approval, which is contrary to section 75(1) of the Urban and Regional Planning And Development Law, CH. U2,Vol. 10 of Lagos State, 2015, when between August 2014, and March 2016, at house H15, Horizon 1 Extention, Ikate Elegunshi, in the lagos, did commence and completed construction of six storey building without building permit and approval”.
They were also accused of involuntary manslaughter, which is contrary to Section 224 and punishable under Section 229 of the Criminal Laws CH. C17, Vol. 3, Laws of Lagos State, 2015, “when between August 2014, and March 2016, at house H15, Horizon 1 Extention, Ikate Elegunshi, in the Lagos, commence and completed construction of six storey building with gross negligence and or reckless disregard for human life leading to the death of followings: Williams Akpati, Kazeem Ilesanmi, Raphael Ezeh, Saminu Umar, and Sunday Ezeh.”
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