Nigeria - High Court To Rule On Inquest Into Dana Crash
https://nigeriaafrica1.blogspot.com/2012/09/nigeria-high-court-to-rule-on-inquest.html
A Nigerian Federal High Court in Lagos on Thursday fixed Friday, 28 September for ruling on a suit filed by a non- governmental organisation, Civil Aviation Round Table Initiative seeking to stop the coroner’s inquest into the Dana air crash which occurred in the Iju-Ishaga area of Lagos on 3 June.
The presiding judge, Justice Okon Abang will on that day rule on a motion on notice for interlocutory injunction filed by the NGO and its president, Captain Dele Ore seeking to restrain the Lagos coroner from further adjudicating on the inquest into the crash.
Justice Abang fixed the date after entertaining arguments from parties to the suit. He stressed that he would rule on the motion subject to availability of judicial time.
The judge also turned down an application filed by Access to Justice (AJ) seeking to be admitted into the matter as Amicus Curiae (friend of the court).
AJ had hinged the application on the ground that it intended to assist the court in reaching a just and effectual determination on the questions of law constituting the central issues in the matter.
But Justice Abang ruled that the application was strange, saying “If the court needs amicus, I will invite them myself and not them coming on their own.
“The application is strange and it is hereby struck out,” he ruled
The court also adjourned an application filed by Olisa Agbakoba and Associates in conjunction with others seeking to be joined as interested parties.
Justice Abang held that the application was not ripe for hearing in that some of the parties to the matter were yet to be served.
Mr Agbakoba, Femi Falana and others were the ones that wrote the petition which kick-started the Coroner inquest.
According to the suit, The NGO and its President, Captain Dele Ore are seeking an order of interlocutory injunction and an order nullifying the proceedings of the Coroner inquest.
The applicants are further contending that the coroner lacked the power to adjudicate on inquest into an air accident.
Joined as defendants are Dana Air with the head of the Coroner Court, Oyetade Komolafe, the Lagos State Chief Coroner, the State Chief Judge, Justice Opeyemi Philips and the Attorney-General of the State, Ade Ipaye.
Other defendants are the Ministry of Aviation, the Nigerian Civil Aviation Authority (NCAA), Accident Investigation Bureau (AIB), and the Nigeria Airspace Management Authority (NAMA).
The Lagos State Government through its lawyer, Akinjide Bakare had vehemently opposed the motion for interlocutory injunction on the ground that the Federal High Court lacked the jurisdiction to adjudicate on the matter because the plaintiffs lacked the locus standi to institute the action.
Justice Abang fixed the date after entertaining arguments from parties to the suit. He stressed that he would rule on the motion subject to availability of judicial time.
The judge also turned down an application filed by Access to Justice (AJ) seeking to be admitted into the matter as Amicus Curiae (friend of the court).
AJ had hinged the application on the ground that it intended to assist the court in reaching a just and effectual determination on the questions of law constituting the central issues in the matter.
But Justice Abang ruled that the application was strange, saying “If the court needs amicus, I will invite them myself and not them coming on their own.
“The application is strange and it is hereby struck out,” he ruled
The court also adjourned an application filed by Olisa Agbakoba and Associates in conjunction with others seeking to be joined as interested parties.
Justice Abang held that the application was not ripe for hearing in that some of the parties to the matter were yet to be served.
Mr Agbakoba, Femi Falana and others were the ones that wrote the petition which kick-started the Coroner inquest.
According to the suit, The NGO and its President, Captain Dele Ore are seeking an order of interlocutory injunction and an order nullifying the proceedings of the Coroner inquest.
The applicants are further contending that the coroner lacked the power to adjudicate on inquest into an air accident.
Joined as defendants are Dana Air with the head of the Coroner Court, Oyetade Komolafe, the Lagos State Chief Coroner, the State Chief Judge, Justice Opeyemi Philips and the Attorney-General of the State, Ade Ipaye.
Other defendants are the Ministry of Aviation, the Nigerian Civil Aviation Authority (NCAA), Accident Investigation Bureau (AIB), and the Nigeria Airspace Management Authority (NAMA).
The Lagos State Government through its lawyer, Akinjide Bakare had vehemently opposed the motion for interlocutory injunction on the ground that the Federal High Court lacked the jurisdiction to adjudicate on the matter because the plaintiffs lacked the locus standi to institute the action.
