Ladipo Sanusi/
An Igbosere High Court, Lagos, on Thursday, issued a bench warrant against Sola Olumofe, one of the directors of Lekki Gardens Estate, for his persistent refusal to appear before the court.
Olumofe is facing a charge of multiple manslaughter, alongside the Managing Director of Lekki Gardens Estate Limited, Mr. Richard Nyong, four other persons and three limited liability companies.
Justice Cybel Nwaka issued the bench warrant after dismissing a preliminary objection filed by Olumofe’s counsel, Mr. Richard Omoahoranor, who had argued that the physical appearance of his client should be put aside until the motion on notice is heard and determined.
Delivering ruling on the preliminary objection, Justice Nwaka said the notion of trial in absentia negates the rule of fair hearing, adding that the second defendant (Olumofe) had persistently absented himself from all the proceedings without providing any cogent reason for his absence.
The trial judge said the attitude of the defendant amounted to a clog in the wheel of justice, aimed at delaying his trial and obstructing the cause of justice.
“Justice is a three-way traffic; to the complainant; to the defendant and to justice. An accused ought to be present in court for his trial. Although, he has the right to remain silent during proceedings.
“In view of the foregoing, this application is, hereby, dismissed, and bench warrant issued against the second defendant,” the judge pronounced.
The judge, subsequently, fixed June 14 for the commencement of trial of the accused persons.
With the ruling, the coast is now clear for the proper arraignment of all the defendants, who had been indicted in the collapse of a six storey building that killed five persons and injured several others, in Lekki, on March 8, 2016.
The defendants, according to the charge marked, LD/3808c/2017, filed by the Lagos State government before the court, were alleged to have “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 complete construction of six storey building without building permit and approval.”
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