Ladipo Sanusi/
Justice Cybil Nwaka of an Igbosere High Court, Lagos, on Monday, ordered that a director of Lekki Gardens Limited, Mr. Sola Olumofe, be remanded in prison, pending the perfection of his bail conditions.
The judge gave the order at the formal arraignment of the accused and seven others, including the Managing Director of Lekki Gardens Limited, Mr. Richard Nyong, for involuntary manslaughter, following the collapse of a six-storey building that killed five people, in March, 2016.
The prosecution also alleged that the accused persons failed to obtain the necessary building permits for the collapsed structure.
Others charged before the court include, the engineer that supervised the collapsed structure, Odofin Henry Taiwo; Omolabake Mortune and Omotilewa Oluwatosin Joseph, while the companies are; Lekki Gardens Estate Limited; Get Too Rich Investment Limited and HT Insight Solution Limited.
Earlier attempts to arraign them were scuttled by Olumofe, who had consistently refused to appear before the judge, arguing, through his counsel, that his physical appearance should be put aside until his motion on notice is heard and determined.
The prosecution, however, insisted that an accused person must first appear in court and allow his plea to be taken before he could challenge the competence of the charges against him or the court’s jurisdiction.
The judge had, consequently, issued a bench warrant against Olumofe, after dismissing the preliminary objection filed by his counsel, when the matter came up on June 1.
During their eventual arraignment, on Monday, all the accused persons pleaded not guilty to the six counts charge filed against them by the Lagos State government.
After their plea, the lead prosecution counsel and Attorney-General of Lagos State, Mr. Kazeem Adeniji (SAN), informed the court that all the accused persons, except Olumofe, who is the second accused person, had been cooperating with the prosecution since they were first arrested and charged before a Magistrate court.
Adeniji also informed the court that the prosecution had already filed its response to the second accused person’s bail application, adding that granting bail is at the court’s discretion.
Responding, counsels to the first, third, fourth, fifth, sixth, seventh and eighth accused persons urged the court to allow their clients to continue with the bail earlier granted them by either the Magistrate court or the police.
Also, Olumofe’s lawyer, Mr. G. M. O. Oguntade (SAN), pleaded with the court to allow him too enjoy the same bail conditions as his co-accused.
In her ruling, Justice Nwaka stated: “In view of the pleas of the first, second, third, fourth, fifth, sixth, seventh and eighth accused persons, I will allow them to continue to enjoy the earlier bail they were granted. But I will add that the third, fourth, fifth and sixth accused persons should deposit their international passports with the court’s deputy chief registrar within 24 hours.”
As for Olumofe, the judge stated: “The second accused person is granted bail in the sum of N100, 000 with two sureties, who are gainfully employed in a government establishment. And their status must be verified by the court’s deputy chief registrar.”
The judge, however, ordered that the second accused person be remanded in prison pending the perfection of the bail conditions.
The matter has been adjourned till October 26 and 30, 2017, for the commencement of trial of the accused persons.
The Lagos State government in a charge number LD/3808c/2017, had 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 complete construction of six-storey building without building permit and approval.”
They were also accused of “committing involuntary manslaughter, 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, did commence and complete construction of six-storey building with gross negligence and or reckless disregard for human life leading to the death of the following: Williams Akpati, Kazeem Ilesanmi, Raphael Ezeh, Saminu Umar, and Sunday Ezeh.”
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