Tunji Braithwaite is in court challenging the construction of 14-storey building by Standard Chartered Bank near his house. At the last proceeding, an expert witness disclosed that the building fail short of international standard. Senior Correspondent, JUDE KENNETH, reports.
Professor Olaniyi Okedele, while giving evidence before Justice Doris Okuwobi in the suit filed by elder statesman, Tunji Braithwaite, against Standard Chartered Bank, had told the court that the Environmental Impact Assessment (EIA) report relied upon by the bank in constructing the building did not meet international standard. He also added that EIA is an international instrument that regulates constructions either in the federal or state levels, to which Nigeria is a signatory.
Earlier, Justice Okuwobi of the Lagos High Court, Ikeja, had ruled that Okedele, an expert witness, can give evidence on the EIA report he co-authored.
Ruling on the objection raised by the defence counsel that Okedele cannot give evidence on the EIA report, the judge said it is in the interest of justice for the witness to be allowed to assist the court in explaining contents of the document, since the document is already in evidence.
The judge ruled: “Defence counsel had opposed him not to give evidence on the reason that no evidence statement was filed by the plaintiff. Rules of court should be complied with for quick dispensation of justice. The witness is an expert. He should be given chance to explain what is contained in the document tendered. I find the objection untenable and I allow the witness to continue with his evidence.”
Okedele is the second claimant’s witness in the suit filed by Braithwaite against Standard Chartered Bank.
The elder stateman is challenging the construction of a 14-storey building with a multi-level car park opposite his residence in Victoria Island, Lagos, which he claimed constitutes health hazards to him and his entire household, and is consequently claiming the sum of N10 billion against the bank as damages.
Having settled the objection raised by the defence counsel, Okedele told the court that the EIA report relied upon by the bank in constructing the building did not meet international standard, adding that EIA is an international instrument that regulates constructions either in the federal or state levels, to which Nigeria is a signatory. He explained that the airspace between the structure and the claimant’s home should be up to 10 metres but that it is less, resulting in obstruction of passage of airstream.
Under cross-examination by defence counsel, Adeniyi Adegbonmire, who demanded to know if there were physical measurements of the distance, the witness explained that the findings originated from an assessment which they performed through simulation, since it was unsafe to approach the structure for measurement then.
He volunteered to conduct the measurement, either physical or visually, now that the structure is on the 14th floor to confirm that the simulation is in order.
But Adegbonmire is insisting that the content of the expert report is not correct, since there was no direct physical measurement by the witness’ firm.
Braithwaite (claimant), after the cross-examination of his witness, said he has no re-examination. Consequently, he closed his case and the defence pledged to open his at the next adjourned date.
After the discharge of the witness, Justice Okuwobi adjourned further proceedings on the matter till January 27 and March 3, 2015.
Braithwaite, in the suit, is seeking an order declaring as illegal the erection of a 14-storey commercial building and multi-level car park by the bank in an otherwise residential area in Victoria Island.
He claimed to be very uncomfortable with the bank’s installation of giant industrial generators directly opposite his house with the concomitant fumes and noise shattering their air and serenity.
Consequent upon the disturbance, Braithwaite approached the court, praying the court to grant him N10 billion as damages and a demolition of the building.
Earlier in the proceedings, the elder statesman and one time presidential candidate of Nigeria Advance Party (NAP) told Okuwobi that the Court of Appeal had stopped the bank when the construction was only at the second floor, yet they disobeyed and have now completed the structure.
