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A Senior Advocate of Nigeria (SAN), Chief Adeniyi Akintola, on Tuesday prayed an FCT High Court sitting in Gwagwalada, Abuja, to quash the charges preferred against a former Resident Pastor of First Baptist Church, Garki, Abuja, Rev. Israel Akanji, for lack of evidence.
Akanji and five others are standing trial on alleged conspiracy, forgery and misappropriation of the church funds.
The defendants were said to have conspired in 2021 to commit a felony, thus violating Section 97 of the Penal Code.
The prosecution also claimed that between 2012 and 2021, the defendants forged an amended version of the church’s constitution, falsely attributing it to the then legal adviser and secretary of the Board of Trustees of the church, the late Akin Aina.
The prosecution further alleged that the defendant and five others misappropriated N620 million belonging to the church and that they had a case to answer, thus praying the court to grant them time to conclude the investigation.
The offences, according to the prosecution, contravene the provisions of Sections 362, 364 308, 309, 311, and 312 of the Penal Code.
At the resumed hearing of the case on Tuesday, Akintola filed a motion seeking the court to quash the five-count charge preferred against the defendants.
Veronica Bisan, holding brief for the prosecution counsel, Wisdom Madaki, requested for more time to conclude on their investigations after previous adjournments.
Akintola, however, countered the motion, maintaining that the matter had been adjourned twice without any substantial evidence against the defendants.
“The defendants have not been arraigned and the prosecution has not even responded to all the applications before the court. “All they have to say is they are waiting for advice from the Federal Ministry of Justice.
“If they knew they have not completed their investigation, then why bringing the defendants to court to nail them? Why are the charges put on their neck when they have not committed any crime?
“In a church of about 5,000 members, nobody is complaining except one person (the complainant) who has vowed to embarrass the church. We have filed a motion praying the court to quash the charges against the defendants.
“This in spite of the church repeatedly informing the police through several correspondences that none of its property or money is missing,” he said.
Justice J.A. Aina, however, adjourned the matter till June 2 for ruling on the application to quash the charges. (NAN)
