In a significant ruling, a High Court of the Federal Capital Territory in Abuja has dismissed the charges of alleged N620 million fraud against a former pastor of the First Baptist Church, Garki, Abuja, Rev. Israel Akanji, and five others. The court’s decision to discharge the defendants was made after a careful review of the evidence presented, which failed to establish a prima facie case against them.
The court’s ruling was in response to a motion filed by the defendants, urging the court to quash the five-count charge of alleged forgery filed against them by the Nigeria Police Force. Lead counsel for the defendants, Chief Niyi Akintola SAN, argued that the proof of evidence did not disclose any link to the offenses charged against the defendants. He also pointed out that the charges were not brought before the court at the instance of the Board of Trustees of the church.
Justice John Aina, who presided over the case, agreed with the submissions made by the defense counsel. He noted that the prosecution had failed to respond to the motion and the affidavit in support of it, which meant that the court had to deem the content of the affidavit as facts admitted by the prosecution. The judge also considered the fact that the motion was served on the prosecution since February 13, 2025, and yet they had refused to respond.
The court’s decision to discharge the defendants was based on the lack of evidence and the prosecution’s failure to respond to the motion. Other defendants who were discharged by the court include Rev. Thomas Ekugbene Takpatore, Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi, and Mrs. Gloria Olotu.
The prosecution had alleged that the defendants conspired to commit a felony, violating Section 97 of the Penal Code, and that they forged an amended version of the church’s constitution, falsely attributing it to the late Barrister Akin Aina, who was the church’s legal adviser and Secretary of the Board of Trustees. However, the defense counsel argued that the charges were not credible and that there was no evidence to support them.
In a statement, Mr. Bassey Effiong, who stood in for Chief Niyi Akintola SAN, commended the court for its well-researched judgment. The prosecution counsel, Veronica Visan, had apologized for the inability to file a counter-affidavit and prayed for more time to enable her to do so. However, her request was opposed by the defense counsel, who urged the court to recognize the fact that the matter had suffered several adjournments at the instance of the prosecution.
The court’s decision highlights the importance of ensuring that the prosecution provides credible evidence to support its charges. In this case, the lack of evidence and the prosecution’s failure to respond to the motion meant that the court had no choice but to discharge the defendants. The ruling also underscores the need for the prosecution to be diligent in its pursuit of justice and to ensure that it provides adequate evidence to support its claims.
