A High Court of the Federal Capital Territory (FCT), Abuja, has quashed the criminal charge of alleged N620m fraud filed against a former pastor of the First Baptist Church, Garki, Abuja, Rev. Israel Akanji, and five others.
The court discharged the defendants who were brought before the Court for trial in charge No. M/CR/1045/2025 instituted by the Inspector General of Police.
The ruling of Justice John Aina was sequel to a motion filed by the defendants urging the court to quash a five-count charge of alleged forgery filed against them by the Nigeria Police Force (NPF).
Justice Aina held that a careful perusal of the exhibits attached to the motion, which was not challenged by the police, did not disclose a prima facie case against the defendants.
The judge agreed with the submissions by the lead counsel for the defendants, Chief Niyi Akintola SAN, that an unchallenged or uncontroverted affidavit is deemed an admission in law.
Justice Aina equally considered the fact that the motion was served on the prosecution since February 13, 2025, and yet had refused to respond to the motion and the affidavit in support of it.
He noted that the motion by the defendants equally challenged the jurisdiction of the court to adjudicate on the matter.
Justice Aina said since the issue of jurisdiction is the live wire and foundation of any case, the court cannot proceed further without first trashing the issue of jurisdiction.
He said since the prosecution did not respond to the motion by a counter-affidavit, the court is legally hamstrung to proceed, as any decision taken without jurisdiction would be declared a nullity.
He accordingly granted all the prayers contained in the motion and discharged all the defendants.
Although the prosecution counsel was not in court, Mr. Bassey Effiong, who stood in for Chief Niyi Akintola SAN for the defendants, commended the court for what he described as a well-researched judgment.
Other defendants discharged by the court are Rev. Thomas Ekugbene Takpatore, Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi, and Mrs. Gloria Olotu.
According to the charge sheet, the defendants allegedly conspired in 2021 to commit a felony, violating Section 97 of the Penal Code.
The prosecution further alleged that between 2012 and 2021, the defendants 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, in his motion brought pursuant to Sections 6(6); 36(5) of the 1999 Constitution and Section 277 of the Administration of Criminal Justice Act, 2015, the defendants, through their counsel, Chief Niyi Akintola SAN, prayed the court for “an order quashing all the five counts contained in the criminal charges dated December 13, 2024, and filed on December 20, 2024, preferred against the defendants in charge No. M/CR/1045/2025 and accordingly discharged the defendants.”
The motion, supported by a 60-paragraph affidavit as well as six exhibits and a written address, attacked the credibility and competence of the charge against the defendants.
Moving the motion dated February 13, 2025, at the last adjourned date, Akintola submitted that the proof of evidence did not disclose any link to the offences charged against the defendants.
The lawyer argued that the charges against the defendants were not brought before the court at the instance of the Board of Trustees of the church.
He told the court that the prosecution did not file a counter-affidavit to the motion seeking to quash the charges and urged the court to deem the content of the affidavit as facts admitted by the prosecution.
“Nobody is complaining that his or her money is missing. The church of about 5,000 members is not complaining that her money is missing. He is just all alone and even in the proof of evidence, there is nothing there,” Akintola submitted.
In her response, the prosecution counsel, Veronica Visan, apologized for the inability to file a counter-affidavit and prayed for more time to enable her do so.
She, however, told the court that based on police investigation, the defendants have a case to answer.
But her request was vehemently opposed by the defence counsel, Akintola, who urged the court to recognize the fact that the matter has suffered several adjournments at the instance of the prosecution.
