In the application tagged ID/188MJR/2014, the embattled cleric asked the court to quash the invitation on him to appear as a witness before the coroner to testify on what led to the unfortunate tragedy.
According to Joshua’s lawyer, Mr. Olalekan Ojo, Justice Lateefat Okunnu had slated December 3, 2014 to hear the application.
Joshua through Ojo, therefore, asked the coroner, Magistrate O.A. Komolafe, to suspend further proceedings pending when Justice Okunnu would either uphold or reject his prayers.
Announcing the application, Ojo said, “My Lord, most respectfully, we have applied for a judicial review of the proceedings of this honourable court so far. We may be right, we may be wrong, but what we are saying is that this coroner court has been extending and it is still extending its inquisitions into areas outside the statutory jurisdiction of the coroner court. That is our complaint, my Lord.
“And what we are saying is, if the High Court agrees with us to set aside such portions of the proceedings that it adjudges to have been conducted in excess of jurisdiction, it should prohibit the coroner from further acting in excess of its jurisdiction.
“The strict scope of the coroner’s inquest is ascertaining the cause and the manner of death and it would be in the best interest of all of us if the High Court agrees with us.
“My Lord, we are also saying that thus court should suspend further proceedings, pending the time when my Lord, honourable Justice Lateefat Okunnu will give her ruling. My Lord has fixed the matter for December 3 and with utmost respect to my Lord, she is an eminent judge that could even deliver the ruling on that day.
“My Lord, our prayer is that my Lord should accord the High Court respect and the dignity, so that your Lordship will not been seen to have taken or to intend to take any further action that might amount to prejudising or preempting the High Court.”
But in response, the coroner said he had not been served with any court process, adding that he was not obliged to suspend his sittings till the High Court’s decision.
source:dailypost