LAGOS High Court sitting in Ikeja yesterday struck out an application by the registered trustees of the Synagogue Church of All Nations (SCOAN) and its engineers by which they sought to stay proceedings of the court.
The plaintiffs withdrew their application following the ruling of the Court of Appeal sitting in Lagos which dismissed their appeal to stay their trial before Justice Lateef Lawal-Akapo at the Lagos High Court, Ikeja.
The Lagos government had filed a 110 count charge bordering on involuntary manslaughter against the Registered Trustees of the Church and two of its engineers over the September 12, 2014 collapse of its six storey guest house.
At the resumed sitting of the court yesterday, counsel to 3rd and 5th defendants, Mrs. Titilola Akinlawon and that of the fourth defendant, Olalekan Ojo said in view of the ruling of the Court of Appeal, they were constrained to withdraw their application for stay of proceedings dated February 18, 2015.
They however informed the court of another application seeking to quash the charges preferred against them by the state dated March 3, 2015.
The Director of Public Prosecution (DPP), Mrs. Idowu Alakija, in her response, told the court that they were served on Thursday.
Alakija said they needed time to respond to the application and that they would not oppose the defendants’ request to withdraw their applicationý for stay of proceedings.
Consequently, Justice Lawal-Akapo struck out the application and adjourned further hearing to March 22, 2016.
The Registered Trustees, Hardrock Construction and Engineering Company, Jadny Trust Limited, Oladele Ogundeji and Akinbele Fatiregun are 1st to 5th defendants in the suit.
The court had earlier fixed February 8 for the arraignment of the defendants but this was stalled with an application challenging the manner in which the court summons was served on the defence.
Ruling on the matter then, Justice Lawal-Akapo had agreed with the submissions of the counsel to the defendants when he held that the applications should be taken first before arraignment