An Igbosere High Court in Lagos on Tuesday heard that a
Synagogue Church of All Nations (SCOAN) building that collapsed on
September 12, 2014 and allegedly killed 116 worshipers was in
‘perfect condition.’
A volunteer in the church’s maintenance department, Dayo Fabiyi,
told Justice Justice Lawal-Akapo that the building had no crack or
any deflection on its beams before its collapse.
He however noted that he was not part of the team that
investigated the beams after the incident.
Fabiyi, an architect, testified as the seventh defence witness
in the ongoing trial of four defendants – two engineers and their
firms – for the building collapse deaths.
The defendants are: Oladele Ogundeji and Akinbela Fatiregun
charged alongside their companies – Hardrock Construction and
Engineering Company and Jandy Trust Ltd.
They are facing a 110-count charge of involuntary manslaughter
said to contravene Section 222 of the Criminal Law of Lagos State,
2011.
A fifth defendant, the Registered Trustees of SCOAN is facing a
count of building without approval.
The Lagos State Government said the Trustees violated Section 75
of the Urban and Regional Planning Law of Lagos State, 2010.
All defendants were arraigned on April 19, 2016.
They pleaded not guilty.
At the resumption of proceedings, Fabiyi testified while been
led in evidence by the fourth defendant counsel, Mr Olalekan Ojo
(SAN).
He explained that he worked as a volunteer in SCON’s maintenance
department from February 2014 till date.
“I go round the facilities to check if there was any sort of
cracks or deflections on the beams and I did such routine
inspection on the collapsed building last on September 14,
2014.
“There was no sign of deflections or any stress on the collapsed
building before it collapsed,” Fabiyi said.
During cross-examination by prosecution counsel, Dr. Jide
Martins, the witness stated that he was not involved in the
investigation of the beams of the collapsed building.
Nevertheless, he maintained that cracks and defections were
“always visible to the eyes.”
Following a question by Martins, the witness agreed that he did
not use any mechanical devices to check for deflections during his
maintenance works.
During ‘re-examination by Ojo, the witness told the court that
it was not only civil engineers that could detect cracks in a
building.
He also stated that mechanical devices were only used to
investigate deflections after a building had collapsed not
before.
“A defective building must have shown signs that the building is
under stress, the collapsed building did not show any sign of
stress before it collapsed,” Fabiyi said.
Earlier, fifth defense witness, Mr Ebenezer Ologuntoye, an
engineer, said apart from foundational failure, other factors could
be responsible for a building collapse.
Ologuntoye, who stated this during cross-examination by the
prosecutor, explained that from his investigation “the building did
not collapse due to foundational failure”.
The witness said: “As a civil engineer, apart from foundational
failure, other factors can be responsible for the collapse of a
building”.
However, following a question by Dr Martins, Ologuntoye stated
that he was never contracted by the church to do any geotechnical
work on the building before its collapse.
Following the conclusion of testimonies, Justice Lawal-Akapo
adjourned further hearing till June 28.
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