Judge urges settlement as fraud charges against clergy are quashed

Justice J.A. Aina of the Federal Capital Territory (FCT) High Court, Gwagwalada, has dismissed a five-count criminal charge filed against a former church pastor, Rev. Akanji, and five others, urging members of the Christian community to resolve disputes internally and avoid public litigation.

The case, which involved allegations of conspiracy, forgery, and criminal misappropriation, was struck out on Thursday after the judge upheld a motion by the defence counsel, Adeniyi Akintola (SAN), challenging the court’s jurisdiction.

Justice Aina noted that the prosecution failed to file a counter-affidavit in response to the defence’s motion, thereby rendering the defendants’ claims unopposed and legally admissible. He held that the Nigerian Police Force failed to establish a prima facie case to warrant trial.

“I have considered the totality of the affidavits and exhibits filed by the police. They do not support the continuation of this case,” Justice Aina ruled. “Jurisdiction must first be determined, and where it is absent, no other issues can stand.”

The judge emphasized that by not responding to the motion, the police effectively conceded to the defendants’ position. He therefore found merit in the application and struck out the charges without awarding costs to either party.

In a strong post-ruling message, Justice Aina admonished the parties to seek reconciliation rather than resort to public legal battles.

“This is a family matter that should have been settled within the church,” he said. “As Christians, we are called to be the light. Matters like this should not find their way into our courts.”

The defendants – Rev. Akanji, Rev. Thomas Ekugbene Takpatore, Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi, and Mrs. Gloria Olotu were charged in case number CR/1045/24.

The prosecution alleged that the group conspired in 2021 to commit forgery by amending the church’s constitution and falsely attributing its authorship to the late Barrister Akin Aina, the church’s former legal adviser—an offence under Sections 362 and 364 of the Penal Code.

Additionally, they were accused of criminal misappropriation of N620 million in church funds between 2012 and 2021, contrary to Sections 308, 309, 311, and 312 of the Penal Code, which deal with breach of trust and fraudulent conversion.

With the case now dismissed, Justice Aina’s call for reconciliation serves as a cautionary message to faith-based institutions on the need to handle internal conflicts with wisdom and unity.

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