The National Prosecuting Authority (NPA) has announced its decision to appeal the acquittal of Nigerian televangelist Timothy Omotoso, following a legal opinion from senior counsel and a thorough review by experienced prosecutors. Omotoso had faced 32 charges, including rape, racketeering, human trafficking, and assault, related to allegations that he and his co-accused exploited young women, some reportedly as young as 14, under the guise of religious mentorship.
NPA spokesperson Mthunzi Mhaga confirmed the move on Tuesday, stating that while the state cannot appeal an acquittal based on facts, it may do so on a question of law in accordance with Section 319 of the Criminal Procedure Act. “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,” said Mhaga.
He added that a formal request has been submitted to the High Court in Gqeberha for clarification of the judge’s factual findings. “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,” Mhaga said.
Omotoso, who has long been at the centre of a high-profile and emotionally charged legal battle, was recently arrested in East London on separate immigration-related charges.
In addition to pursuing an appeal, the NPA has widened its investigation into the handling of the case. Mhaga confirmed that the conduct of the first team of prosecutors involved in the case, which began in August 2024, is under review. “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,” he said.
To support the investigation, additional officials have been appointed, with a full report expected by June 2025.
