LISTEN | Justice minister Kubayi demands answers as Omotoso escapes conviction

Justice minister Mmamoloko Kubayi has stepped in after the state’s failure to build a strong case led to the acquittal of Nigerian televangelist pastor Timothy Omotoso and his co-accused. The outcome has ignited public outrage, raising concerns about the prosecution’s handling of the case.

On Wednesday Gqeberha high court judge Irma Schoeman ruled the National Prosecuting Authority (NPA) failed to prove its case beyond reasonable doubt against Omotoso and his co-accused Lusanda Sulani and Zukiswa Sitho. The trio had been facing charges including rape, sexual assault and human trafficking.

Schoeman said while she found the accused’s explanations improbable, the state’s failure to provide proper cross-examination and its overall handling of the case meant she could not declare their versions to be entirely false beyond reasonable doubt. As a result, Omotoso, who had been in custody since his arrest in April 2017, walked free. Sulani and Sitho, who were out on bail, were also acquitted.

Kubayi is concerned about apparent shortcomings in the prosecution's approach, saying the case's outcome was a major setback in the fight against gender-based violence and related crimes.

She has requested a comprehensive report from the National Director of Public Prosecutions advocate Shamila Batohi to understand the factors that led to this outcome.

“I have decided to invoke section 33 (a) of the NPA Act in relation to the Omotoso and others case,” Kubayi said. “The judge was scathing in her judgment, criticising the poor quality of the state's cross-examination.”

While the NPA has indicated it will study the judgment, Kubayi reiterated the need for a strengthened and meticulous approach to prosecuting cases.

She reaffirmed the government’s commitment to combating gender-based violence and femicide. 

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