BY ABDULWAHAB ABDULAH & ONOZURE DANIA

…As Lagos govt kicks
A FEDERAL High Court sitting in Lagos has been urged to nullify all steps taken so far by coroner court presided by Magistrate Alexander Oyetade Komolafe, making inquiry into the June 3, 2012, Dana Airline crash in Iju-Ishaga, Lagos.

The move automatically suspends proceedings before the coroner court.

According to the suit filed by a non-governmental organisation, Civil Aviation Round Table Initiative Limited and an aviation expert, Captain Dele Ore (rtd), they said the proceeding contravenes Section 29 of the Civil Aviation Act No. 6 of 2006. The plaintiffs said the way of summoning or invitation of witnesses to testify or give evidence in the inquest in the coroner court was illegal, null and void.

In an originating summon filed, the plaintiffs are also seeking an order of the court setting aside the proceedings of the coroner court already conducted till date on the ground that the court as presided by Magistrate Komolafe lacks the requisite authority or competence to investigate the cause of deaths occuring from the June 3, 2012 Dana Air crash.

Joined as defendants in the suit are the Chief Judge of Lagos State, the Chief Coroner of Lagos State, the Attorney General of Lagos State, the Attorney General of the Federation and the Federal Ministry of Aviation.

Others are the Nigerian Civil Aviation Authority, Federal Airports Authority, The Accident Investigation Bureau, Nigerian Air Space Management Authority and Dana Airlines Limited.

The plaintiffs sought six other reliefs  from the court jointly and severally against the respondents.

They asked the court to declare that the coroner court presided by Magistrate Komolafe and the Chief Judge of Lagos State cannot exercise or carry out any form of inquisition or inquest into the deaths arising from the Dana Air crash of June 3, 2012 or any matter related to aviation accident or deaths arising from it.

No date has been fixed for the hearing of the suit.

Meanwhile, the Lagos State government, yesterday, filed a counter affidavit to the motion filed by the Civil Aviation Round Table Initiative Limited and Captain Dele Ore (rtd), maintaining that  the applicants have no locus standi to institute any action stopping the coroner court.

In the counter affidavit filed by a senior state counsel in the office of the Attorney General, Mrs. Osibanjo Olawunmi and Mr. K. Akinjide Bakare, counsel to the 1st – 4th defendants respectively in opposition to the interlocutory injunction being sought in the court by the plaintiffs.

The state said, “The 1st plaintiff (the NGO) is a private company limited by guarantee with its set objectives.  It does not have any constitutional role to play and has said nothing in its affidavit in support of the Originating Summons to show that it has any rights that were being breached or likely to be breached by the exercise of powers exercised by the 1st defendant, the Lagos Coroner as represented by Magistrate Alexander Oyetade Komolafe.