Justice J.A. Aina of the High Court of the Federal Capital Territory (FCT), sitting at Gwagwalada, Abuja, on Thursday quashed the charges preferred against the former resident pastor of First Baptist Church, Garki, Abuja, Reverend Israel Akanji, and others.
Rev. Akanji and the other defendants were brought before the court by the police on a five-count charge bordering on conspiracy, forgery, and criminal misappropriation in the case marked FCT/HC/CR/1045/2024.
Akanji, Rev. Thomas Ekugbene Takpatore, Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi, and Mrs. Gloria Olotu were alleged to have conspired in 2021 to commit a felony under Section 97 of the Penal Code.
The prosecution also alleged that they forged an amended church constitution, falsely attributing its authorship to the late Barrister Akin Aina, the church’s former legal adviser, which is an offence under Sections 362 and 364 of the Penal Code.
The police further alleged that between 2012 and 2021, the defendants misappropriated the sum of N620 million belonging to the church, in violation of Sections 308, 309, 311, and 312 of the Penal Code relating to breach of trust and fraudulent conversion.
Ruling on a motion filed by the counsel for the defendants, Adeniyi Akintola SAN, seeking an order to quash the charges on the grounds that the court lacked jurisdiction, Justice Aina held that the police failed to establish a prima facie case against the defendants.
According to the judge, having considered the totality of evidence filed by the police, there was no need to continue with the case.
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“I have considered the totality of the affidavits and exhibits filed by the Nigerian Police Force. They do not support the continuation of this case,” he held.
While agreeing with the submission of the defence counsel that the prosecution’s failure to file a counter-affidavit rendered the defence’s claims unchallenged and legally admissible, Justice Aina held that by failing to respond to the application, the police effectively conceded to the defence’s claims.
He stated, “We must first settle the issue of jurisdiction. Where there is no jurisdiction, no other issues can survive.”
The judge found merit in the defence’s application and subsequently struck out the charges without awarding costs to either party.
Meanwhile, after delivering the ruling, Justice Aina urged church members to seek peaceful resolution within their community.
According to him, members of the body of Christ must embrace reconciliation and resolve internal disputes amicably.
He described the case before the court as a family affair that should never have escalated to litigation.
“This is a family matter that should be resolved internally. As Christians, we must portray the light Christ has shown us. It is not right that such matters find their way into the courtroom,” he admonished.
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