A High Court sitting in the Federal Capital Territory has fixed June 2 for its ruling on a motion seeking to halt the trial of an Abuja-based pastor accused of misappropriating N620 million in church funds.
The embattled clergyman, Reverend Isreal Akanji, formerly the presiding pastor at First Baptist Church, Garki, Abuja, is facing a five charges alongside five others, including fellow pastor Rev. Thomas Ekugbene Takpatore.
Also standing trial are Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi, and Mrs. Gloria Olotu.
The charges, filed by the Federal Government, center on allegations of conspiracy, forgery, and unlawful diversion of church funds in contravention of Section 97 of the Penal Code.
According to the charge, the accused persons allegedly altered the church’s constitution between 2012 and 2021 and falsely ascribed the changes to a deceased legal adviser and former secretary of the church’s Board of Trustees, Akin Aina.
At the resumed hearing on Tuesday, defence counsel Chief Niyi Akintola, SAN, urged the court to dismiss the charges. He argued that the proof of evidence failed to establish any link between the defendants and the alleged crimes.
In a motion brought under Sections 6(6) and 36(5) of the 1999 Constitution (as amended), and Section 277 of the Administration of Criminal Justice Act (ACJA), 2015, the defence prayed the court to dismiss the charges, filed on December 20, 2024, as contained in charge No M/CR/1045/2025, and discharge the accused persons accordingly.
The motion was backed by a 60-paragraph affidavit, six exhibits, and a written address.
Akintola, SAN, told the court that the prosecution’s case was “flawed,” and claimed the defendants were being targeted by a lone agitator.
He further stated that there was no official backing from the church’s Board of Trustees for the prosecution, emphasizing that the case appeared to be a personal vendetta rather than a legitimate grievance.
Citing Asari Dokubo v. FRN (2007) 12 NWLR, Akintola, SAN, emphasized the legal implication of an unchallenged affidavit, asserting, “My Lord, when there is no challenge to an affidavit, same is deemed as an admission.
“In the instant case, the prosecution has not responded to the motion which was served on them about four months ago even when the court has given them an opportunity to do so since March, 2024.
“My lord can see that the complainant is not ready and willing to come and prove his case. He is just a rabble rouser.
“Nobody is complaining that his or her money is missing. The church of about 5000 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.”
Responding, prosecution counsel Ms. Veronica Visan apologized to the court for not filing a counter-affidavit, though she insisted that police investigations linked the defendants to the alleged offences.
Her request for an adjournment was resisted by the defence. After hearing from both parties, Justice J. A. Aina reserved ruling on the motion until June 2.
