Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Supreme Court of Appeal in South Africa has granted the National Prosecuting Authority leave to appeal the acquittal of Nigerian televangelist Timothy Omotoso and his two co-accused on 32 charges, including rape, human trafficking, sexual assault, racketeering and sexual exploitation, in a landmark ruling that has reopened one of the country's most controversial criminal cases. The decision, announced on Wednesday, July 15, 2026, paves the way for the state to challenge the Eastern Cape High Court judgment that cleared Omotoso, Lusanda Sulani and Zukiswa Sitho in April 2025 after a seven-year trial. The NPA has welcomed the ruling and indicated that should its appeal succeed, Omotoso could be successfully extradited from Nigeria to face the law in South Africa once again, despite his deportation and declaration as an undesirable person.
The Supreme Court of Appeal's decision comes after the state's previous applications for leave to appeal were dismissed by the Gqeberha High Court, which had acquitted the trio in April 2025. In an order issued on June 26, 2026, the SCA granted the NPA condonation for its late application and leave to appeal. The appeal court has not overturned the acquittals but has found that the state's application warrants a full hearing before a five-judge bench of the country's second-highest court. A date for the appeal hearing has yet to be announced.
Omotoso, founder and senior pastor of Jesus Dominion International Church, was first arrested in 2017 following allegations by several women linked to his church. Prosecutors accused him of exploiting his position as a religious leader to prey on vulnerable young women, handpicking members of his congregation and coercing them into sexual acts under the guise of spiritual guidance. Some of the women who testified against him were members of the Grace Galaxy gospel music group founded by the preacher, while others were reportedly still in school when the alleged offences occurred. The prosecution argued that Omotoso manipulated his victims through his religious influence and often prayed for forgiveness after the alleged sexual encounters.
In April 2025, the Eastern Cape High Court in Gqeberha acquitted the 66-year-old preacher and his co-accused, bringing an apparent end to an eight-year legal battle. Delivering the judgment, Judge Irma Schoeman held that the state had failed to prove its case beyond a reasonable doubt. Although she described some of Omotoso's explanations as "improbable," she criticised the prosecution's handling of the case and ruled that the burden of proof required for a criminal conviction had not been met. The verdict sparked widespread criticism from victims' rights organisations and civil society groups, many of which argued that justice had not been served in one of South Africa's most closely watched sexual abuse trials.
Omotoso's legal troubles, however, did not end with his acquittal. In May 2025, he was re-arrested on immigration-related charges and appeared before the East London Magistrate's Court. He was later released after the court ruled that officials from the Department of Home Affairs had failed to follow the proper legal procedures during his arrest. Shortly afterwards, Omotoso departed South Africa for Nigeria. South African authorities subsequently deported Omotoso and declared him an undesirable person, effectively barring him from returning to the country for five years.
The NPA has expressed confidence that Omotoso can be brought back to South Africa if the appeal succeeds. NPA spokesperson Kaizer Kganyago said: "The NPA is aware that Mr Omotoso was deported by the Department of Home Affairs but holds the view that once the SCA rules in our favour in the appeal, he can be successfully extradited from Nigeria into South Africa". The Department of Home Affairs has committed to waiving the undesirability status of Omotoso for the NPA to apply for his extradition in the event that the SCA rules in its favour. The prosecution believes that should its appeal succeed, Omotoso can be successfully extradited to face the law in South Africa once again. The NPA said the appeal would give a full bench of five Supreme Court of Appeal judges an opportunity to consider important principles of criminal law.
The appeal court's decision to grant leave to appeal has been hailed by victims' rights groups and civil society organisations, many of which had expressed outrage at the initial acquittal. The case has drawn significant international attention, given Omotoso's high-profile status as a Nigerian televangelist and the gravity of the allegations against him. The Supreme Court of Appeal's ruling means prosecutors will now have the opportunity to argue that the acquittal should be overturned, potentially reviving criminal proceedings against Omotoso and his two co-accused in one of South Africa's most controversial cases involving allegations of rape, sexual exploitation and human trafficking. The legal battle is far from over, and the outcome of the appeal could have far-reaching implications for the prosecution of sexual offences and human trafficking cases in South Africa.
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