Nigerian televangelist Pastor Timothy Omotoso is once again a free man after being released from police custody on Tuesday. His release followed a court appearance at the East London Magistrate’s Court in South Africa.
Omotoso was arrested on Saturday morning and appeared in court on Monday, facing allegations of violating the Immigration Act. The Department of Home Affairs claims he breached immigration regulations and is pushing for his deportation to Nigeria.
Legal Challenge Against Deportation
Omotoso is contesting the deportation order. His legal team argued that both his arrest and the intended deportation should be halted until his challenge is resolved. The court ruled in his favor, noting that under Section 34 of the Immigration Act, he could not be held beyond 48 hours without formal charges—his release was therefore due to a procedural lapse.
He was officially charged only on Monday afternoon, exceeding the 48-hour limit since his Saturday arrest.
NPA to Appeal Acquittal in Previous Case
According to NPA spokesperson Adv. Mthunzi Mhaga, the appeal decision was made after careful review by a team of senior prosecutors and legal experts. The appeal, however, is limited to legal grounds under Section 319 of the Criminal Procedure Act, as the state can only challenge an acquittal based on legal rather than factual issues.
Next Legal Steps
The NPA has filed relevant documents with the High Court in Gqeberha and awaits clarification of the judge’s factual findings before proceeding. Mhaga emphasized that despite the lack of a fixed timeline under the law, the NPA intends to act promptly to prevent unnecessary delays.
Omotoso was initially accused of manipulating young female church members into sexual acts and restricting their freedom, but he and his co-accused were acquitted of all charges.
