Omotoso’s case | Justice Minister demands report from NPA

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Justice minister, Mmamoloko Kubayi, has expressed deep concern regarding the manner in which Timothy Omotoso‘s case of and his co-accused was handled by the prosecuting team. 

The controversial Nigerian televangelist aged 63, and his two co-accused, Lusanda Sulani, 41, and Zukiswa Sitho, 33, were found not guilty on the 32 charges the state indicted them on.

This follows the ruling delivered on Wednesday by High Court Judge Irma Schoeman, which found that the State had failed to prove its case beyond reasonable doubt, resulting in the acquittal of the accused on all charges, including rape, sexual assault, and human trafficking.

Delivering the judgment, Judge Schoeman found that the trio was not guilty due to the technicality, mainly that the former prosecutors in the case acted improperly and the accused were not sufficiently cross-examined by the state.

Kubayi’s concern stems from apparent shortcomings in the prosecution’s handling of the case, resulting in a significant setback in the pursuit of justice for victims of gender-based violence and related crimes.

The judge was scathing in her judgment, criticizing the poor quality of the state’s cross-examination.

The minister acknowledged the statement made by the National Prosecuting Authority (NPA) indicating that they will study the judgment.

However, she has also, in accordance with section 33 (2) a of the National Prosecuting Authority Act, formally requested a comprehensive report from the National Director of Public Prosecutions to understand the factors that contributed to this outcome.

Minister Kubayi said she remains resolute in her commitment to the fight against gender-based violence and femicide (GBVF) and reaffirmed the government’s unwavering dedication to ensuring that perpetrators of GBVF’s are held accountable. 

She further emphasized the need for a strengthened and meticulous approach in prosecuting cases to prevent injustices. 

NPA to study judgement in Omotoso’s case

Meanwhile, the NPA has announced that it needs to study the judgement and consider its legal options.

NPA regional spokesperson, Luxolo Tyali, said since the arrest of the trio in April 2017, their trial has been protracted with numerous obstacles including interlocutory applications by the accused that even included constitutional court challenges.

“The most recent applications were for five special entries for a mistrial and an application made on 16 January 2024, where the defence made an application for the judge to reconsider her previous judgment on the application for discharge according to Section 174 of the Criminal Procedure Act, which were successfully opposed by the state.

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“The delays caused some witnesses to no longer want to proceed with giving evidence as they indicated they have since moved on with their lives and are not interested in reliving their experiences in court and that has led to the reduction of the charges from 63,” he explained.

Tyali stated that in as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go at all lengths to give a voice to the victims by exploring all the possible avenues.