Nigerian Pastor Timothy Omotoso released from custody pending appeal against prohibited person decision

Nigerian pastor Timothy Omotoso was once again a free man on Tuesday night after the East London Magistrates’ Court ordered his release from custody pending an appeal against a decision to have him declared a prohibited person. 

By law, he should be given a chance to appeal or make representations over being declared a prohibited person.

His supporters have called for a full and transparent investigation into the handling of his arrest.

The court’s decision comes as the National Prosecuting Authority indicated that it would move forward with an appeal against his acquittal, as well as that of his co-accused, Lusanda Sulani and Zukiswa Sitho.

Omotoso and the two women previously appeared in the Gqeberha High Court, charged with several counts of sexual assault and human trafficking. 

After a marathon trial spanning more than seven years, all three were acquitted when Judge Irma Schoeman found that the State had failed to prove its case. 

Schoeman pointed out in her ruling that the State prosecutors had also failed to cross-examine the accused properly and had failed to lead corroborating evidence.

Both Sulani and Sitho were at the court proceedings in East London on Tuesday, where police guarded the building amid protests for and against Omotoso’s deportation. 

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“The NPA’s Director of Public Prosecutions in the Eastern Cape, Barry Madolo, has decided to appeal the judgment by Judge Irma Schoeman relating to the case against Timothy Omotoso,” NPA national spokesperson Mthunzi Mhaga said in a statement on Tuesday. 

“This decision follows a thorough consideration of the matter by an NPA internal team of experienced prosecutors, as well as a legal opinion sourced from senior counsel. The decision could not be rushed due to the complexity of the matter and the voluminous transcript that needed to be interrogated,” Mhaga said.

Despite earlier indications by the NPA that Omotoso would be deported immediately after his acquittal, this did not happen.

He moved to East London, where he launched a highly publicised crusade titled “New Dawn”.

Even after Buffalo City Executive Mayor Princess Faku barred him from using municipal venues, Omotoso continued preaching at a private property in Commercial Road.

He was arrested there on Saturday, after he had been declared a prohibited person by the Minister of Home Affairs last week, in another setback for his longstanding battle to stay in South Africa.

This status, however, stems not from the criminal proceedings, but from allegations that he used fraudulent documentation to enter South Africa.

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Read more: Controversial pastor Timothy Omotoso arrested on immigration charges in East London

According to the Department of Home Affairs’ procedures, he should be given the chance to make provisions for his “unbanning” once declared a prohibited person. Instead, though, he was arrested immediately after the letter had been served. 

Footage broadcast on Newzroom Afrika showed members of his congregation dancing and singing after hearing of his release.

The Director of Christians for South Africa, Obed Molemo, said they wanted to commend the judiciary for upholding justice, fairness and due process.  He said the arrest of Omotoso was premature and unlawful. 

“It has sent shockwaves throughout the Christian community and raised serious questions about [Pastor Omotoso]’s constitutional rights,” Molemo said. 

“The events of the past weekend were distressing,” Molemo said. “But today’s ruling has restored hope in the rule of law.”

The Department of Home Affairs said it had noted the court’s ruling and would determine its next steps after receiving the magistrate’s written reasons. DM