A High Court of the Federal Capital Territory (FCT), Abuja, has quashed the criminal charge of alleged N620 million fraud filed against a former pastor of the First Baptist Church, Garki, Abuja, Rev. Israel Akanji, and five others.

Justice John Aina discharged the defendants who were brought before the Court for trial in charge No. M/CR/1045/2025 instituted by the Inspector General of Police.

Court Ruling Details

The ruling followed a motion filed by the defendants urging the court to quash a five-count charge of alleged forgery filed against them by the Nigeria Police Force (NPF).

In his judgment, Justice Aina held that a careful examination of the exhibits attached to the motion, which was not challenged by the police, did not disclose a prima facie case against the defendants.

The judge agreed with the submissions by the lead counsel for the defendants, Chief Niyi Akintola SAN, that an unchallenged or uncontroverted affidavit is deemed an admission in law.

Justice Aina also considered that the motion had been served on the prosecution since February 13, 2025, yet they had refused to respond to it and the supporting affidavit.

"Since the issue of jurisdiction is the live wire and foundation of any case, the court cannot proceed further without first trashing the issue of jurisdiction," Justice Aina stated.

He added that since the prosecution did not respond to the motion by a counter-affidavit, the court was legally hamstrung to proceed, as any decision taken without jurisdiction would be declared a nullity.

The court subsequently granted all the prayers contained in the motion and discharged all the defendants.

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The Defendants and Allegations

Other defendants discharged by the court include Rev. Thomas Ekugbene Takpatore, Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi, and Mrs. Gloria Olotu.

According to the charge sheet, the defendants allegedly conspired in 2021 to commit a felony, violating Section 97 of the Penal Code. The prosecution further alleged that between 2012 and 2021, the defendants forged an amended version of the church's constitution, falsely attributing it to the late Barrister Akin Aina, who was the church's legal adviser and Secretary of the Board of Trustees.

Defense Arguments

In his motion brought pursuant to Sections 6(6); 36(5) of the 1999 Constitution and Section 277 of the Administration of Criminal Justice Act, 2015, the defendants, through their counsel, Chief Niyi Akintola SAN, prayed the court to quash all five counts contained in the criminal charges.

The motion, supported by a 60-paragraph affidavit, six exhibits, and a written address, attacked the credibility and competence of the charge against the defendants.

Akintola argued that the proof of evidence did not disclose any link to the offences charged against the defendants and that the charges were not brought at the instance of the church's Board of Trustees.

"Nobody is complaining that his or her money is missing. The church of about 5,000 members is not complaining that her money is missing," Akintola submitted to the court.

Although the prosecution counsel, Veronica Visan, apologized for not filing a counter-affidavit and requested more time, the defense counsel opposed this, noting that the matter had already suffered several adjournments at the prosecution's instance.

Mr. Bassey Effiong, who represented Chief Niyi Akintola SAN for the defendants at the final hearing, commended the court for what he described as a well-researched judgment.