The National Prosecuting Authority says it will appeal the acquittal of Nigerian televangelist Timothy Omotoso.
NPA spokesperson, Mthunzi Mhaga, said the decision follows a legal opinion from senior counsel and thorough consideration by experienced prosecutors.
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
— Mthunzi Mhaga
Omotoso was facing 32 charges including rape, racketeering, human trafficking and assault, stemming from allegations that he and his co-accused manipulated and abused young women, some reportedly as young as 14, under the guise of religious mentorship.
“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 [as opposed to facts], in terms of Section 319 of the Criminal Procedure Act (CPA),” said Mhaga.
He said they have filed a request with the high court in Gqeberha for the judge to clarify 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,” said Mhaga.
Omotoso was arrested on Saturday in East London, on immigration-related charges.
Mhaga said the NPA was investigating the conduct of the first team of prosecutors involved in the rape case which started in August 2024.
“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.
“After the court’s judgment, the NPA appointed additional officials to assist with the investigation due to its extended scope. The report from the investigation is expected in June 2025.”
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