No Approval for Collapsed Building that Killed 5 – Architect

Ladino Sanusi/

The five-storey structure that collapsed in Lekki killing five people did not have construction approval.

This was disclosed by the architect in charge of the project Marius Agwu at the commencement of the trial of Managing Director of Lekki Gardens Estate Limited Richard Nyong and other directors of the company on Monday.

Agwu who is a prosecution witness informed an Igboosere High Court, Lagos that the company did not obtain the necessary permits before commencing work on the structure known as H15 at Elegunshin area of Lekki.

The five-storey building being constructed by Lekki Gardens Limited collapsed on March 8, 2016 killing five people and injuring many more.

The witness, who was led-in-evidence by the Director of Public Prosecution (DPP) Ms. Titilayo Shitta-Bay, informed the court that the initial plan of the building was three storeys but Nyong later told him of his intention to increase it to five floors because of the high demand by subscribers.

Charged along with Nyong are Lekki Gardens Estate Limited, Get Too Rich Investment Limited also known as Horizon 1 Extension, House H15, Mr Sola Olumofe, Odofin Henry Taiwo, Omolabake Mortune, Omotilewa Oluwatosin Joseph, Lekki Gardens and HC Insight Solution Limited.

They are standing trial before Justice Sybil Nwaka on a six-count charge bordering on failure to obtain building approval for the collapsed building and involuntary manslaughter, offences that are 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.

Agwu in his evidence stated that he is not a certified architect but graduate from the University of Nigeria Nsuka and also got a Masters degree in architecture from the same university in 2007.

He also told the court that he became Nyong’s site engineer because they were friends and was not formally employed by the firm.

He also told the court that throughout the period he worked with Lekki Gardens he was not earning salary as he considered monies given him by Nyong as gifts because they were not regular.

Giving further evidence on the collapsed structure, the witness informed the court that when he discovered the defect in the structure, he informed the company’s Head of Structural Engineering Mrs. Labake Mortune, who later notified the Managing Director and promised to do something about it but nothing was eventually done.

He also informed the court that he designed Lekki Gardens phase 1 project at Lekki, which is a mixed development comprising four and three bedrooms flats and residential service plots, which subscribers used to built duplexes.

The witness further told the court that he later introduced one Lanre Olanrewaju of Geostruct Konsult Limited, a piling expert he met at Osborne Ikoyi in 2013, to Nyong and the former did 38 point of the pilling of the collapsed building before he was sacked.

He said Nyong sacked Olanrewaju because he did not meet the deadline set by the company to enable it meet the demand of subscribers.

While being cross-examined by Nyong’s counsel Chief Woke Olanipekun the witness reaffirmed that he is not a registered architect and also did not sign and seal the design of the collapsed building because the company did not direct him not to do so.

He also admitted to have been a sixth defendant between May 24 and June 14, 2017, when the matter was first charged to court.

He added that the piling of the collapsed building was the company’s first experience and that integrity and soil tests were not conducted on the site.

But when asked if he could remember the statement he made to the police on May 16, 2016 to the effect that the company that handled the piling conducted integrity and soil tests, the witness said he could no longer remeber.

Olanipekun went ahead to tender the said statement highlighting the portion that read: “The compnay that handled the piling conducted integrity test and soiling test.”

Justice Nwaka admited the statement as exhibit A.

Other counsels in the matter are Ebun-Olu Adegboruwa for the second defendant, Chief Gboyega Okenla for the third and eighth defendants, Jeta Otomi for the fourth and fifth defendants.

The case was adjourned till December 14 for continuation of cross examination.

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