NPA to ask for pastor Omotoso’s extradition from Nigeria if appeal against his acquittal succeeds

The National Prosecuting Authority (NPA) said on Monday that if its appeal against the acquittal of controversial Nigerian televangelist pastor Timothy Omotoso is successful it will ask for his extradition from Nigeria.

Spokesperson Mthunzi Mhaga said the NPA will use all the extradition treaties and agreements, including those with Nigeria and other Commonwealth countries, to ensure Omotoso is brought back should its appeal be successful.

Read more: Pastor Timothy Omotoso slapped with five-year ban as he leaves SA

Wearing a grey hoodie with his face covered, Omotoso left South Africa from OR Tambo International Airport on Sunday afternoon, after flying from East London to Johannesburg.

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

At OR Tambo Airport immigration officials served him with a notice declaring him a prohibited person and banning him from South Africa for five years.

But Mhaga said this does not prevent the NPA from pursuing its legal course. He noted that, under South African law, the “active participation” of an accused is not required during appeal proceedings.

He added that Omotoso is not considered a fugitive, and there are no legal grounds to prevent him from leaving the country.

Omotoso was declared a prohibited person on two grounds: overstaying his visa and entering the country on a false permit.

He and his two co-accused, Lusanda Sulani and Zukiswa Sitho, were on trial in the Gqeberha High Court, charged with multiple counts of sexual assault and human trafficking.

In a marathon trial spanning more than seven years, the trio were acquitted after Judge Irma Schoeman ruled that the State had failed to prove its case. 

The judge noted that prosecutors had failed to properly cross-examine the accused and had not presented corroborating evidence.

The NPA is exploring a possible appeal against the acquittal on charges of human trafficking and sexual assault and took the first steps last week, asking for a clarification of Judge Schoeman’s judgment. 

It will still have to bring an application for leave to appeal and can only appeal on legal grounds since prosecutors can’t appeal rulings on facts in South Africa.

After his release from prison, Omotoso held a public “New Dawn Crusade”, where he was arrested on the sixth day. His supporters extended an invitation to President Cyril Ramaphosa to attend the event.

Omotoso was arrested pending deportation a week ago after he was once again declared a prohibited person in South Africa. He was released, however, so he could pursue his appeal.

Home Affairs spokesperson Siya Qoza said the department had noted Omotoso’s departure from OR Tambo Airport to Nigeria on Sunday.

“This comes after the minister of home affairs rejected an application submitted by Omotoso in terms of section 8(7) of the Immigration Act that sought to overturn an earlier decision of the department to declare Omotoso a prohibited person,” Qoza said.

“The minister’s decision meant that Omotoso was illegally in the Republic of South Africa. Upon his departure, Omotoso was still a prohibited person and given that he was illegally in the country, he was issued with a notification as an undesirable person, meaning that he will not be able to return to the country for five years.

“On expiry of that five-year ban he will have to apply for his prohibition to be lifted in terms of section 29 of the Immigration Act. The Department of Home Affairs continues to be guided by our unwavering commitment to upholding the rule of law without fear or favour.” DM