Hearing at a Lagos coroner court in an inquest into the June 3 crash of a Dana Air plane has been halted by a suit challenging the powers of the coroner to investigate deaths arising from aviation accidents.
The suit was filed before Justice Okon Abang of a Federal High Court, Lagos.
Following the service of the processes of the suit on the coroner, Mr. Oyetade Komolafe, the proceedings, which were supposed to continue on Monday had therefore been adjourned indefinitely.
Hearing of the fresh suit has been fixed for Thursday.
The plaintiffs, a Non-Governmental Organisation – Civil Aviation Roundtable Initiative – and its President, Captain Dele Ore, said the setting up of the inquest and its proceedings so far constituted a violation of various provisions of Convention on International Civil Aviation Chicago, 1994 as ratified and domesticated under the Civil Aviation Act, 2006, in particular, Annex 13.
Their counsel, Dr. Joseph Nwobike, a Senior Advocate of Nigeria, stated that the deaths which occurred from the Dana Air crash of the June 3, 2012 was not such “that falls within the contemplation of Coroners’ System Law of Lagos State, 2007 in particular Sections 14 and 15 thereof.”
The coroner is joined as the first defendant in the suit.
Also joined as defendants in the suit are the Chief Judge of Lagos State, Justice Ayotunde Philips; the Chief Coroner of the state, Justice Lateefat Okunnu; and the state Attorney-General, Mr. Ade Ipaye.
Other defendants are the Federal Ministry of Aviation, Nigerian Civil Aviation Authority, Accident Investigation Bureau, Nigeria Airspace Management Authority and Dana Air.
Among the eight prayers sought by the plaintiffs, is an order of the court “setting aside the proceedings already conducted till date of the coroner’s inquest in complain No. CR/AL/01/2012, presided over by Alexander O. Komolafe, the 1st respondent herein on the grounds that the coroner lacks the requisite authority and/or competence to investigate the cause of deaths occurring from the Dana Air crash on June 3, 2012.”
However, a counsel in the state Ministry of Justice, Mr. Akinjide Bakare, had on behalf of the coroner, the Chief Judge, the Chief Coroner of the state, and the state Attorney-General, filed a counter-affidavit to the suit, asking the court to dismiss it.
Another counsel in the state ministry, Mrs. Osibajo Olawunmi, who deposed to the counter-affidavit, said, “The applicant in the suit are not in any way affected by the activities of the 1st defendant.
“That the 1st applicant is not one of the bodies created by bodies created by NCAA Act Cap. 94 Law of Federation.”
She also opposed the claim of the plaintiffs that the functions of the coroner was limited to the determination of the cause of death of the victims of the crash.
According to her, in addition to finding the cause of death, the coroner has the function of finding out “the identity, place of death and the manner of death” of the victims of the crash.
“That the findings of the AIB is limited to the remote and immediate causes of air crashes and not relating to emergency procedures and other ancillary matters,” she added.
Source: http://www.punchng.com
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