An FCT High Court, Gwagwalada, on Thursday discharged a former Resident Pastor of First Baptist Church, Garki, Abuja, Rev. Israel Akanji, and 5 others over alleged misappropriation of N620 million.
Delivering judgment on the case, Justice J.A. Aina, also advised members of the church to embrace reconciliation and resolve internal disputes amicably.
He described the case before the court as a family affair that should never have escalated to the level of litigation.
Freedomonline reports that the ruling followed a motion by the Defence Counsel, Adeniyi Akintola (SAN), who argued that the court lacked jurisdiction and that the prosecution’s failure to file a counter-affidavit rendered the defence’s claims unchallenged and legally admissible.
The judge held that the police failed to establish a prima facie case against the defendants.
“I have considered the totality of the affidavits and exhibits filed by the Nigeria Police Force. They do not support the continuation of this case.
“We must first settle the issue of jurisdiction. Where there is no jurisdiction, no other issues can survive,” he said.
The judge further stated that by failing to respond to the application, the police effectively conceded to the defence’s claims.
Consequently, he found merit in the application and struck out the charges without awarding costs to either of the parties.
Taking a moral tone after delivering his ruling, Aina urged church members to seek peaceful resolution within their fold.
“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 said.
Freedomonline further reports that the defendants—Rev. Akanji, Rev. Thomas Ekugbene Takpatore, Mr Babatunde Adebayo, Mrs Adenike Adebayo, Mr Oladele Afolabi and Mrs Gloria Olotu – were standing trial on alleged conspiracy, forgery and misappropriation of the church funds.
The defendants were said to have conspired in 2021 to commit felony, thus violating Section 97 of the Penal Code.
