Lekki death hits 34; MD, contractor remanded in police custody

Lekki Gardens Managing Director, Nyong Richard and the contractor handling the collapsed five-storey building, Odofin Taiwo were on Friday arraigned before an Ebute-Meta Magistrate’s Court, Yaba, Lagos to answer to charges on act of negligence leading to multiple deaths in a building yet under construction.

The duo were chauffeured driven into the court premises in a Range Rover Sports Utility Vehicle (SUV) and appeared unruffled as they appeared before Magistrate Folashade Botoku.

When the case was mentioned, officer-in-charge of Legal Section, State Criminal Investigation Department (SC(D), Eno-Edobor Thomas, led officers Innocent O, and Godwin Osuyi. An assistant director from the Department of Public Prosecutions, Jide Martins was also present in the court.

Thomas asked the court for permission to remand the two men for the first 30 days as permitted by law.

Moving an ex parte motion for the prosecution, Osuyi said the case was a public matter and deserved serious attention.

“We have a motion ex parte dated March 11, 2016 in pursuant to sections 6(6) and 35(5) of the 1999 Constitution of Nigeria, sections 4 and 10 of the Police Act, Act 19 of the Laws of the Federal Republic of Nigeria (2004) and Section 264(1) of the Administration of Criminal Justice Law of Lagos State, 2011.

“We apply for an order of the court to remand the two defendants in police custody at the SCID, Yaba, Lagos, pending the conclusion of the investigation on a case of neglect act causing of deaths.

“The motion ex parte is supported by a 19-paragraphs affidavit deposed to by Inspector Ali Nwesiri of the Homicide Section, SCID, Yaba.

“We also have exhibits A to E, extracts from police time duty, the statements of the two suspects, photographs of the collapsed building and photos of the deceased.”

Nwesiri added that the police would need more time to reach out to the relevant agencies involved in the case and conduct an autopsy on the corpses of those that died. He said the case was brought to court so that the police would not run foul of the law.

But Olabode Olanipekun for the defence, leading five other lawyers – Bolarinwa Awujuola, Tola Adetomiwa, Olajide Salami, Femi Uangbaoje and Paul Nwachukwu – asked for bail of the defendants.

Quoted copiously from Supreme Court judgments, Olanipekun prayed the court to grand the defendants bail. “In a Supreme Court decision in the case of Abiola vs Federal Republic of Nigeria (1995), the local justices approved the propriety of a counsel making oral application for the release of an accused person. Also in Ali vs State, a similar pronouncement was made.

“I therefore apply that the defendants be granted bail pursuant to sections 35 and 36 of the 1999 Constitution of Nigeria.

“The alternative application I wish to make is that the court should give an order, however, stringent that the defendants should make themselves available to the prosecution even if during the working hours of the day.

“I refer to Bolakale vs State (2006) and Ahmed vs Commissioner of Police Bauchi state (2012). Those decisions are that the provisions of sections 35 and 36 of the constitution are sacrosanct and inviolable.

“The court should also note that these two people walked into the police station on their own. They were not arrested.”

But Osuyi objected to the bail, pointing out that the defence counsel were ‘interloper’ as the matter was strictly between the police and the court.

He said there was no charge before the court and hence it was impossible for the court to grant bail on a case not brought before it.

He urged the counsel to approach the high court and file an application against the police if they were not satisfied with the remand application.

After a recess, the magistrate ruled in favour of the police, saying the prosecution had shown probable cause for remand.

“I hereby rule that the defendants be remanded in police custody for the first 30 days as permitted by law,” she added.

As the case was adjourned for April 12, 2016, a mild drama ensued minutes later. Still looking unruffled as they strolled outside the court room, the suspects were chauffeured out of the court premises in a Range Rover Sports Utility Vehicle belonging to Richard. But suddenly realizing a process had been breached, a senior police officer made an urgent phone call from the court and ordered that the suspects be dropped off on the road and for them to trek right back to the court premises.

Minutes later, Ricahard and Taiwo, guarded by police officers, were seen trekking back to the court premises where they boarded a police pick-up truck driven by OC Eno-Edobor Thomas.

Struggle for Lekki Gardens

Meanwhile, the Lagos State Government last week sealed off the high brow Lekki Gardens after the collapse of a five-storey building under construction at Kushenla Road, Ikate Elegushi in the Lekki area of the state.

This announcement was made by the Lagos State Commissioner for Information and Strategy, Steve Ayorinde following a statement released on Wednesday that indicted the contractor of the project that has led to 34 deaths at the last count on Saturday.

“The Lagos state government announced that based on preliminary reports and investigation, it was discovered that the collapsed building was served contravention notice for exceeding the approved floors and thereafter sealed by the Lagos State Building Control Agency,” the statement read.

“It has also been discovered that in a brazen act of defiance and impunity, the owners of the building, Messrs Lekki Worldwide Estate Limited, the promoters of Lekki Gardens, criminally unsealed the property and continued building beyond the approved floors until the unfortunate incident of Tuesday which has led to loss of lives.

“The government will no longer tolerate the action of unscrupulous owners and builders who challenge its supervisory control thereby endangering the lives of Lagosians.

“The state government has consequently directed the suspension of work at the site and ordered the Lagos state police command to cordon it off as it is now a crime scene.

“The government also directed further integrity tests be carried out on every other construction project which has or is currently being handled by Messrs Lekki Worldwide Estate Limited in the interest of public safety.

“Lagos State Governor, Mr. Akinwunmi Ambode has advised all directors of Lekki Worldwide Estate Limited to submit themselves to the Lagos State Commissioner of Police within the next twenty four hours in their own interest or face immediate arrest.”

As of Wednesday last week, the Lagos State Emergency Management Agency (LASEMA) had disclosed that the death toll at the collapsed building was still rising and had hit the 30 deaths mark as at 4 pm.

The General Manager of LASEMA, Michael Akindele, told the News Agency of Nigeria that as at 12.40 p.m. Wednesday, 13 other people had been rescued while the 30th dead person was brought before 4pm.

“As we speak, we have been able to rescue 13 people alive, and unfortunately, 30 others have been brought out dead,” he said.

“The operation is still ongoing, and I want to commend all the security agencies that have ensured the protection of the rescue operatives.”

Death toll now 34…and still counting

The count over the weekend recorded 34 bodies recovered from the rubbles of the collapsed building by rescue workers in two days rescue work; 13 people were rescued alive, but one later died in hospital.

At the Lagos Island General Hospital, Odan in Lagos Island, doctors told The Daily Times that the condition of many of the rescued workers is still on the critical list. “We are doing our best to sustain their miraculous escape, but some are really in critical condition.”

One of the lucky survivors, an artisan who gave his name as Rasaq said he had been working in the site for six months before the collapse.

In his pains he was grateful to God that he survived, recalling that many of the iron benders, bricklayers, carpenters and even labourers he worked closely with had in the collapse.

While it was jubilation for some members of Rasaq’s family, it was tears and mourning in the homes of the dead.

An Hausa community leader lamented that one of their women died in the collapsed building with her four children.

Alhaji Hassan who said he wished that talking to every reporter will help bring back some of the dead, said his people (the Hausa community) in the area lost more than 40 persons to the disaster.

Apprehension at Lekki Gardens

Uneasy calm hung over Kushenla Road in Ikate Elegushi at the Lekki Gardens where the collapse took place. When our correspondent sought word from some of the residents on Saturday evening, no one was willing to discuss the incident. An architect who won’t give his name however pointed out that the tragedy is not something to celebrate. “It is a tragedy that has got many of us worried. Most of the houses here were on ‘as-built’ basis. What has happened now is cause for worry for many of us.”

The Daily Times also gathered that the Lagos State Government as a proactive measure during the week directed further integrity tests to be carried out on every other construction project which has or is currently being handled by Messrs Lekki Worldwide Estate Limited in the interest of public safety.

Professional industry and stakeholders are voicing their frustration on the inability of government to control land developers and builders. “Every builder is not an engineer and every engineer are not necessarily builders,” Engr. Aniefiok Umoren who has been in the industry for decades told The Daily Times.

“It is alarming the rate buildings are springing up in the name of estate developers and there is no control; nobody bothers with structural engineers anymore and nogovernment agency that can be said to be up to the task of monitoring the development.”

The President, Building Collapse Prevention Guild, Mr. Kunle Awobodu, was also reported as saying during the week that in the Lekki area where the collapse occurred, many of the developers were investors who built without appropriate monitoring from the state government.

“The place where the building was located is a reclaimed land, although the result of the soil integrity test has not been released yet, it is obvious that there was no government agency monitoring the building construction.

“We are not talking of building approval here; we are talking about monitoring the activities of the builders. There is a post construction department under the Lagos State Building Control Agency, how many sites are they monitoring?” Awobodu asked.

The President, Nigerian Institute of Building, Mr. Tijani Shuaib, was also quoted as saying developers should not be allowed to construct any building on their own except they had a professional builder.

Similarly, the President, Nigerian Institution of Structural Engineers, Mr. Ore Fadayomi, noted that developers were the biggest problems in the building construction sector.

He said, “They are always in a hurry to make money and so do not often obey basic rules; some of them engage in construction they are not qualified to work on. Even when it is not properly done and a contactor says so, they ignore him.”

He said the government needed to do more of regulation and stop their officials from compromising.”