By Anthony Ochela, Abuja
Justice J.A Aina of the Federal Capital Territory, FCT, High Court, Gwagwalada, has advised members of the body of Christ to embrace reconciliation and resolve internal disputes amicably, describing the case before the court as a family affair that should never have escalated to litigation.
The judge gave the admonition after quashing a five-count charge of conspiracy, forgery and criminal misappropriation filed against a former pastor of the church, Reverend Akanji and five others.
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.
In his ruling on Thursday, Justice Aina 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 issue can survive,” the judge stated.
He added that by failing to respond to the application, the police effectively conceded to the defence’s claims.
Accordingly, the court found merit in the application and struck out the charges without awarding costs to either party.
Taking a moral tone after delivering his ruling, Justice Aina urged church members to seek peaceful resolution within the fold.
“This is a family matter that should be resolved internally,” he said.
“As Christians, we must portray the light Christ has shown us. It is not right that such matters find their way into the courtroom.”
The defendants—Reverend Akanji, Reverend Thomas Ekugbene Takpatore, Mr Babatunde Adebayo, Mrs Adenike Adebayo, Mr Oladele Afolabi and Mrs Gloria Olotu—were accused in charge no CR/1045/24 of conspiring in 2021 to commit a felony under Section 97 of the Penal Code.
They were also alleged to have forged an amended church constitution, falsely attributing authorship to the late Barrister Akin Aina, the church’s former legal adviser—an offence under Sections 362 and 364 of the Penal Code.
The police alleged that between 2012 and 2021, the defendants misappropriated 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.
With the charges now dismissed, the court’s verdict serves as a reminder for faith-based institutions to pursue internal resolution of conflicts and avoid public legal battles that may tarnish their spiritual mission.
