Tuesday, 30 September 2014

BARRISTER ILORI:PROTEST LETTER ON SYNAGOGUE



 
 SYNAGOGUE CHURCH OF ALL NATIONS AT IKOTUN EGBE,A SUBURB OF LAGOS IN ITS GLORY AND SPLENDOR BEFORE THE DISASTER



25th September, 2014
To:

The Executive Governor,
Lagos State Government
Governor’s Office,
Alausa-Ikeja,
Lagos.
Your Excellency,
RE-COLLAPSED BUILDING AT SYNAGOGUE CHURCH OF ALL NATION
(MATTERS ARISING)
We are a group of professional and intellectuals committed to democracy of
service delivery, advocates of good governance and human right activisms.
We have waited with resilience patient over the above issue relating to thecollapsed building at Synagogue church of all nation on the 12th of
September, 2014 and your government steps as not only to assert justice but  also to implement the relevant law of the state as it affect collapsed ofbuilding. It is appalling to hear this morning the statement credited to thecommissioner of information Mr. Ibirogba that the state government hassuspended the release of investigation of the said collapsed building as a
result of committee setup by the federal government on the same issue
which we found laughable because in the issues of national interest in thepast the state has always asserted her independence as a federating unit not
as a subordinate to the federal government, even in the matter of
coordinate interest like this because of the diplomatic nature the incident
assumed as a result of foreigners that died in the ill-fated building, the
Lagos State Government has her own law which relates to collapsed of
building within the state.
Sir, its common knowledge that your administration took a step forward to
curbed the menace of collapsed building in the state by initiated effort that
led to the amendment of Regional and Physical Planning and Development
Law, 2005 in 2010 in order to forestall impunity that often result in
negligence on the part of building owner, developers and contractors which
characterized collapse of building in the early days of your administration.
Suffice to say that you not only frown at a practice of using substandard
materials by builders but also not in support of owners indiscriminate way of
converting building meant for lower floor structure into four to five storey
for pecuniary gain hence, inclusion of section 9 in the said amended law
which listed steps to be follow before such upgrading can be done.
Sir, it has already being established that the collapsed building of the
synagogue was initially approved for a two storey building with
correspondent foundation. It is equally an established fact that the collapse
building at the synagogue was raised from this approved level of two floor
structure to six storey building, it is also common knowledge that the state
government stand as opined by the honourable commissioner of physical
planning in Lagos State that the raised building does not received from their
ministry or any other body agents approved for such as entrenched in the
physical planning and development law, 2010 section 4 as amended.
It also of utmost concern that the said collapse building claimed the lives of
over 115 (One Hundred and Fifteen) citizens of both foreign and local
indigene with scores still at critical stage in the hospital.
Your Excellency, section 14, subsection 2, paragraph B of 1999 constitution
as amended placed premium on the protection of life of citizen by the who
be government and section 33, subsection 1 of the same constitution
preserve the sanctity of life by forbidden anyone to take his or her life
under whatever pretence or be taken by others except as stipulated in
subsection 2 which does not apply to the case under review. Section 74 of
the Lagos State Law of Regional and Physical Planning and Development
2010 as amended, states interalia that “any collapsed building in the state
due to the negligence of owner or developer such land shall be confiscated
by that state through the ministry in-charge”.
In view of the above quoted relevant portion of the law an attendant fact
that the said collapsed building was due to the criminal negligence of the
owner / church in charge as represented by the leader Prophet T.B Joshua
or his representatives having clarified from all other relevant agents of the
ministry of physical planning like LASBAC, Surveyor Institutes and others that
no record related to approval or otherwise of the collapsed building it is
incumbent on your good office or and your approved ministry to have
implemented the relevant section of the law as stated above especially
section 74 of physical planning law of Lagos State that is, by now the said
land should have being confiscated and the owner/developer if any, faced
the law for culpable homicide due to his / her criminal negligence that
resulted in the death of over 115 souls which is unacceptable to humanity
and God.
Having waited this last two weeks for your good office or relevant ministry /
agents to do the needful with no one in sight but instead engaged in tactical
delay of an unending investigation just because the man in the synagogue
perceived to be closer to the power that be, or better still erroneously
believe in the mantra of “Touch not my Anointed”. We are VOTE FOR
SERVICE INITIATIVE we like to remind your good office that, it was in this
state your attorney general and commissioner for justice prosecuted and
convicted Rev. King to death by hanging for kill one of his devotee with
ignited fire. It also the same attorney general office that prosecuted
recently Mr. Arowolo to death by hanging for killing his wife with knife and
cudget, how much more the man that kill over 115 souls through criminal
negligence and brazen impunity.
In view of all these, we demanded within the next seven days that your
Excellency should as a matter of agency and spirited public interest among
other things
1. Make move either by the Governor Office or relevant ministries invoke
the provision of section 74 of physical planning law of Lagos State 2010
as amended.
2. Make public the reports of investigation relating to the collapsed
building.
3. Make arrest the owner of the land or developer / contractor involved
in the illegal construction of the collapsed building, charge them with
culpable homicide and criminal negligence with led to the death over
115 citizens in accordance with the relevant laws of the land.
4. Issue public apology to the people of the state for late implementation
of the law and pay enormous compensation for the victims involved
both death and alive.
Failure to which we will be left with no other option than to approach the
competent court of jurisdiction for an order of mandamus for your good
office to implement the law you signed in 2010 without further delay.
Mr. Governor Sir,
We are sure you will be familiar with this statement which you made on 27th
June, 2007 at the one day forum organized on collapsed building. “I wish to
restate here that the government will continue to forcefully acquire the site
of any physical structure that collapsed due to negligence on the part of the
owners or the developers as provided for in section 74 of the Lagos State
Urban and Regional Planning and Development Law 2005”.
We are of the opinion that you have not renege from the above promise as a
man of honour and proven integrity.
While we look forward to your favourable consideration, we hope in God
that you will be guided to uphold the constitution that you swore to protect.

Samuel Adeola Opeyemi Ilori, Esq.
President

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