By Ikechukwu Nnochiri

ABUJA–A High Court of the Federal Capital Territory, FCT, on Tuesday, slated June 2 to rule on a motion seeking to stop the trial of an Abuja-based pastor accused of misappropriating church funds to the tune of N620million.

The defendant, Reverend Isreal Akanji, who was formerly in charge of First Baptist Church, Garki, Abuja, is answering to a five-count charge bordering on conspiracy, forgery, and criminal diversion of church funds.

He is standing trial alongside his colleague, Rev. Thomas Ekugbene Takpatore, and four others- Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi and Mrs. Gloria Olotu.

The defendants were in the charge that was entered against them by the Federal Government, alleged to have acted in breach of Section 97 of the Penal Code.

It was alleged that they had between 2012 and 2021, forged an amended version of the church’s constitution, falsely attributing it to a late lawyer, Akin Aina, who was the legal adviser and secretary of the church’s Board of Trustees.

However, at the resumed proceeding on Tuesday, the defendants, through their team of lawyers led by Chief Niyi Akintola, SAN, prayed the court to quash the charge which he described as incompetent.

In a motion they filed pursuant to sections 6(6) and 36 (5) of the 1999 Constitution, as amended, as well as section 277 of the Administration of Criminal Justice Act, ACJA, 2015, the defendants 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 was supported by a 60 paragraphs affidavit, six exhibits and a written address.

Counsel to the defendants, Akintola, SAN, argued that the proof of evidence did not disclosed any nexus between his clients and offences contained in the charge against them.

Insisting that the defendants did not commit any offence to warrant their trial, Akintola, SAN, told the court that the proof evidence adduced by the prosecution was flawed.

More so, he argued that the charge lacked the backing of the Board of Trustees of the church, adding that to trial was instigated by a rabble rouser that was out to embarrass the defendants.

The defence lawyer further drew attention of the court to the fact that the prosecution failed to file a counter-affidavit to justify the trial of the defendants.

He cited the case law in Asari Dokubo Vs FRN (2007) 12 NWLR to support his argument that an unchallenged affidavit ought to be deemed as an admission.

“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,” Akintola, SAN, contended.

On her part, the prosecution counsel, Ms. Veronica Visan, apologized to the court for her inability to file a counter-affidavit to oppose the defendants’ motion to quash the charge.

She however told maintained that investigations by the police established that the defendants have a case to answer.

He request for an adjournment was opposed by the defence lawyer.

After he had listened to both sides, Justice J. A. Aina adjourned the matter for ruling.