An Abuja High Court of the Federal Capital Territory (FCT) has dismissed a criminal case involving alleged ₦620 million fraud against former First Baptist Church, Garki, Abuja pastor, Rev. Israel Akanji, and five others.
The ruling, delivered by Justice John Aina, followed a motion filed by the defendants seeking to quash a five-count charge of alleged forgery brought against them by the Nigeria Police Force in case No. M/CR/1045/2025.
Justice Aina ruled that the prosecution failed to establish a prima facie case, noting that the police did not file a response to the defendants’ motion or challenge the affidavit and attached exhibits. The judge also highlighted that the prosecution had been served the motion since February 13, 2025, but failed to react.
He agreed with the submissions of lead defence counsel, Chief Niyi Akintola, SAN, who argued that an unchallenged affidavit stands as an admission in law. The court also found that the motion raised questions about its jurisdiction, which Justice Aina described as the “live wire” of any legal matter, stressing that no court could proceed with a case if its jurisdiction was in doubt.
“Any decision taken without jurisdiction is a nullity,” the judge ruled, granting all the reliefs sought by the defence and discharging the six defendants.
Representing the defence in court, Mr. Bassey Effiong commended the court’s decision, describing it as a “well-researched judgment.”
Others discharged alongside Rev. Akanji include Rev. Thomas Ekugbene Takpatore, Mr. Babatunde Adebayo, Mrs. Adenike Adebayo, Mr. Oladele Afolabi, and Mrs. Gloria Olotu.
According to the charge sheet, the group was accused of conspiring in 2021 to commit a felony in violation of Section 97 of the Penal Code. The prosecution also alleged that they forged an amended version of the church’s constitution between 2012 and 2021, falsely attributing it to the late Barrister Akin Aina, the church’s legal adviser and Board of Trustees Secretary.
The defence filed the motion under Sections 6(6) and 36(5) of the 1999 Constitution, along with Section 277 of the Administration of Criminal Justice Act, 2015. It sought an order quashing the charges filed on December 20, 2024.
Akintola argued that the proof of evidence failed to link the defendants to the alleged crimes, noting that the charges were not filed at the behest of the church’s Board of Trustees. He also emphasized the absence of any financial complaint from the church or its 5,000-member congregation.
“Nobody is complaining that their money is missing,” Akintola stated. “Even in the proof of evidence, there is nothing there.”
Prosecution counsel Veronica Visan apologized for not filing a counter-affidavit and requested more time to do so. She maintained that the police investigation showed the defendants had a case to answer.
However, Akintola strongly opposed the request, pointing out repeated delays caused by the prosecution throughout the proceedings.
