JOHANNESBURG - After nearly eight years behind bars, Nigerian televangelist pastor Timothy Omotoso has welcomed a High Court verdict acquitting him of all charges of rape and human trafficking against him. Tuesday’s verdict stunned both supporters of the pastor and critics. Omotoso and his co-accused, senior church members Lusanda Solani and Zukiswa Sitho, were accused of luring female congregants to his church, forcing them to perform sexual acts and restricting their freedom to leave.
ALSO READ: Pastor Timothy Omotoso acquitted on all charges of rape, human trafficking
The trial, which gripped the nation since 2018, saw the state present harrowing testimony from alleged victims, including claims that some were as young as 14 when the abuse began. However, on Wednesday, the Gqeberha High Court ruled that the prosecution had failed to prove its case beyond a reasonable doubt, citing contradictory testimony, weak evidence and procedural irregularities in its handling of the case.
Now 66 years old, Omotoso emerged from court a free man, expressing gratitude for his release. “The only thing that I can say is that I thank God, I give him all praise. I am turning 67 in July. I have been in prison for eight years,” he said.
Reaction to the verdict has been swift, with women’s rights groups decrying the outcome while Omotoso’s supporters celebrate his return. BREAKING: Rape-accused Nigerian televangelist Timothy Omotoso and his two co-accused have been acquitted on all charges, including rape, racketeering, human trafficking, and assault. — EWN Reporter (@ewnreporter) April 2, 2025
Judgment was delivered at the Gqeberha High Court a short while ago. @MongeziKoko
The National Prosecuting Authority (NPA) is reviewing the High Court ruling on Omotoso as it decides the next move. Judge Irma Schoeman ruled that previous prosecutors acted improperly and did not sufficiently cross-examine the accused, leading to the case collapsing. Witness fatigue also played a role, with some survivors refusing to testify after years of delays, leading to a reduction in charges from 63 to 32.
Spokesperson Luxolo Tyali says possible action might be taken against their prosecutors. "It is for that reason that when the judgement is being studied, the leadership of the NPA will also see if there is action to be taken against the prosecutor against whom these accusations by the judge were made," Tyali added, stating that the prosecuting team would study the judgment before deciding whether to appeal or pursue other legal avenues.
Pastor Timothy Omotoso is a free man after he was acquitted of multiple rape and human trafficking charges in the Eastern Cape High Court in Gqeberha on Wednesday. Omotoso had been behind bars for eight years following his arrest in April 2017. He will be deported to Nigeria immediately.
After eight years behind bars on more than 60 charges ranging from rape, sexual assault, and human trafficking, Nigerian televangelist Pastor Timothy Omotoso is a free man – and the judge presiding over the case has laid the blame squarely at the prosecution's feet. Omotoso, the leader of the Jesus Dominion International Church, and his co-accused, Lusanda Sulani and Zukiswa Sitho, were acquitted of all charges in the Eastern Cape High Court in Gqeberha on Wednesday.
The trio previously faced 63 charges, ranging from rape and trafficking in persons for sexual purposes to sexual assault and racketeering. However, they eventually only faced 32 charges after their acquittal on 31 charges in October 2023 because the State had not led evidence on those charges. In her judgment, Judge Irma Schoeman severely criticised the State's handling of the case, concluding that the State had not proved its case beyond reasonable doubt.
Schoeman referred to the State's cross-examination of the three accused, saying it "was as if the cross-examination never even took place". She stated that the trial was set out for nine days to deal with the evidence of the defence. Omotoso testified for a whole day setting out his defence but the cross-examination lasted less than a morning session. "He was not cross-examined on his denial with reference to the complainants' testimonies. No attempt was made to elicit inconsistencies or improbabilities. The cross-examination was shallow, lacking the intention to uncover the truth," she said.
"Similarly ineffective and superficial was the cross-examination of [Sulani and Sitho] that amounted to no cross-examination at all," she added. Schoeman explained that although she did not necessarily believe the evidence of the accused, the onus was on the State to prove that the accused were guilty, not on the accused to convince the court they were innocent.
Schoeman also referred to the "irregularities" committed by advocate Nceba Ntelwa, the former lead prosecutor in the case, which essentially corrupted the trial and rendered it unfair. During the trial, it was mentioned numerous times that Ntelwa allegedly encouraged witnesses to perjure themselves to secure a conviction and apparently told one of the witnesses not to deviate from her police statement, in which she did not mention an alleged rape, although she informed a fellow prosecutor about it.
Ntelwa is currently the prosecutor handling the Fort Hare University corruption case, where 16 people are accused of defrauding the university of a combined amount of R171 million. According to Schoeman, Ntelwa, at one stage, told the court that he did not know that "digital penetration" constituted rape. "It is inconceivable that a prosecutor with 14 years' experience that is involved in a case where rape is one of the charges the accused faces does not know what the definition of rape is. This is either extremely incompetent or dishonest," she said.
She added that action should have been taken against Ntelwa the moment these irregularities came to light, especially since his conduct was one of the reasons the trial, which started in July 2019, had faced so many delays. The prosecutors were replaced more than once, and Schoeman took over the case after the previous judge had recused himself, resulting in another delay.
Moments after the judgment was delivered, a supporter in the public gallery shouted a resounding "Yes!" which led to gasps and reprimanding looks from court orderlies. In a matter of seconds, Omotoso, Sulani, and Sitho jumped up from the dock, fell to their knees, and started praying aloud as the crowd of supporters outside the courtroom erupted into songs and cheers.
While supporters in the courtroom gathered around Omotoso to congratulate him, a key State witness, Cheryl Zondi, burst into tears. She was whisked away by family and friends, who were all in tears. Speaking to the media shortly after his acquittal, Omotoso said he "thanked God" for what had happened. "I have been in prison for eight years. I think it is time for me to rest a bit. God will decide what I must do next," he said.
National Prosecuting Authority (NPA) regional spokesperson Luxolo Tyali said the NPA would explore other legal avenues since the trio was acquitted due to "a technicality; mainly that the former prosecutors in the case acted improperly and the State did not sufficiently cross-examine the accused".
"In as much as the NPA does not seek to secure conviction at all costs, it remains committed to ensuring justice is served for the victims of crime and will go to all lengths to give a voice to the victims by exploring all the possible avenues," he said. Eastern Cape MEC for Social Development Bukiwe Fanta expressed her disappointment at the trial's outcome.
"The acquittal of the accused is a painful reminder of the systemic issues within our justice system that continue to hinder the pursuit of justice for victims of sexual violence. Each case of acquittal not only impacts the victims but also sends a troubling message to our society about the seriousness of these crimes," Fanta said.
"The Department of Social Development remains committed to supporting survivors of sexual violence and advocating for stronger measures to prevent such crimes."
