NPA to Appeal Timothy Omotoso’s Acquittal After Legal Review: Here’s Everything You Need to Know

 

In a significant development in the ongoing legal saga surrounding Nigerian televangelist Timothy Omotoso, the National Prosecuting Authority (NPA) has officially announced its decision to appeal his recent acquittal. This move comes after senior legal experts carefully studied the judgment and gave their professional advice, followed by a thorough internal review by experienced state prosecutors.

For those unfamiliar with the case, Omotoso had been facing serious criminal charges—a total of 32 charges, including rape, human trafficking, racketeering, and assault. These accusations involved claims that he, along with his co-accused, lured and exploited young women—some reportedly as young as 14 years old—under the disguise of offering them religious guidance and mentorship.

The acquittal, which sparked public outcry and media attention across South Africa and Nigeria, is now being challenged by the state. Speaking to the press on Tuesday, NPA spokesperson Mthunzi Mhaga explained the legal basis for their appeal. He made it clear that although the state cannot appeal an acquittal simply because they disagree with the outcome, they are allowed to do so on a point of law—that is, if they believe the judge made a mistake in interpreting or applying the law.

Here’s exactly what Mhaga said:

“The NPA takes the view that there are reasonable prospects of a successful appeal despite the complexities of the legal process. A convicted person may appeal a conviction on both facts and the law. However, the state can only appeal an acquittal judgment on a question of law.”

In simple terms, this means that if someone is found guilty, they can appeal both the facts of the case (what happened) and how the law was applied. But when someone is found not guilty, like in Omotoso’s case, the state is only allowed to appeal if they believe the judge misunderstood or misapplied the law—not just because they think he was wrong about the facts.

To move forward with this legal route, the NPA has already made a formal request to the High Court in Gqeberha. This request asks the presiding judge to clarify exactly what factual findings led to Omotoso’s acquittal. Mhaga elaborated on this process:

“Once a clarification of the factual findings is received from the judge, the NPA’s legal team will finalise the papers on the reservation of questions of law and file this application with the registrar of the high court.”

This clarification step is very important because it helps the NPA determine whether the judge’s decision involved a possible error in the legal interpretation, which is the only valid reason they can appeal under the law.

But that’s not all. The NPA is also digging deeper into how the case was handled from the beginning. In a bold move, they have decided to review the conduct of the initial team of prosecutors who worked on the case when it first began in August 2024. This means they are checking if any mistakes, misconduct, or lapses in judgment happened during the prosecution. Mhaga confirmed this by saying:

“Since the judgment, the scope of the investigation has been extended to include both prosecution teams, to identify, if necessary, disciplinary steps to be taken against people involved.”

To ensure this review is carried out thoroughly, the NPA has appointed more officials to support the investigation. The public can expect a full report by June 2025, which will likely shed light on whether any internal failings contributed to the outcome of this controversial case.

Meanwhile, Timothy Omotoso remains in the public spotlight. Apart from this now-contested acquittal, he was recently arrested in East London (South Africa) on separate immigration-related charges. These charges are unrelated to the criminal accusations he was acquitted of but further add to his growing list of legal troubles.

This entire case has gripped the attention of both South Africans and Nigerians, especially because it touches on sensitive issues like abuse of power, trust in religious leaders, and the protection of vulnerable women and girls.

NaijaRush will continue to monitor the appeal process and all related investigations. Stay with us for full updates as this story continues to unfold.