A High Court of the Federal Capital Territory (FCT), Abuja, has set aside the five-count charge of alleged N620 million fraud against Rev. Israel Akanji, a former pastor of the First Baptist Church, Garki, Abuja, and five others.
The court discharged all the defendants who were brought before it for arraignment in charge No. M/CR/1045/2025 by the inspector-general of police.
Justice J. A. Aina, of the Gwagwalada division of the court, ruled in response 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 ruled that a careful perusal of the exhibits attached to the motion, which the prosecution did not challenge, 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 that the motion was served on the prosecution since February 13, 2025, yet has refused to respond to the motion and supporting affidavit.
He noted that the defendants’ motion equally challenged the court’s jurisdiction 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 that since the prosecution did not respond to the motion by a counteraffidavit, the court is legally unable to proceed, as any decision taken without jurisdiction would be declared null.
He granted all the prayers 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 an erudite and 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/applicants in charge No M/CR/1045/2025 and accordingly discharge the defendants.”
The motion, supported by a 60-paragraph affidavit, six exhibits, and a written address, attacked the credibility and competence of the charges against the defendants.
In her response, prosecution counsel Veronica Visan apologised for her inability to file a counter-affidavit and prayed for more time to enable her to do so.
She, however, told the court that based on the 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 recognise that the matter had suffered several adjournments at the prosecution’s instance.
He reemphasised the fact that an unchallenged counter-affidavit is deemed an admission of facts.
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