Timothy Omotoso Case: Eastern Cape High Court Begins Appeal Process After Acquittal

The Eastern Cape High Court in Gqeberha will on Monday begin hearing the first part of the appeal process in the high-profile case involving Nigerian televangelist Timothy Omotoso and his two co-accused.

This stage of the process follows their dramatic acquittal in April on charges of rape, sexual assault, and human trafficking.

Judge Irma Schoeman, who presided over the original trial, ordered the state and defence to argue the matter after the National Prosecuting Authority (NPA) requested clarification on her judgment.

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This clarification is a necessary legal step before the state can escalate the matter to the Supreme Court of Appeal, under section 319 of the Criminal Procedure Act.

“This is the only limited mechanism in which the state can appeal an acquittal judgment in South African law,” said NPA spokesperson Adv Mthunzi Mhaga.

Defence Opposes State’s Request as Court Reopens Legal Debate

The appeal hinges on the state’s ability to identify and frame specific questions of law for review. But the defence team has expressed strong opposition to this move. According to Mhaga, Timothy Omotoso’s attorney had already notified the court registrar of their intent to contest the state’s request.

“We take the view that it will be appropriate and in order for the judge to provide such clarification before the state can identify and request her to reserve those questions of law,” Mhaga added.

The initial judgment had attracted national attention, with Schoeman ruling that while she may have subjectively believed the complainants, the prosecution had failed to disprove the version of events presented by the accused.

Eight-Year Legal Battle Ends in Acquittal—and Deportation

Timothy Omotoso was arrested in 2017 and spent eight years behind bars while facing 32 charges, including rape, sexual assault, racketeering, and human trafficking. He was accused of grooming and sexually abusing young girls, some as young as 14 years old.

In April 2025, eight years to the day after his arrest, Timothy Omotoso walked out of court a free man. Judge Schoeman heavily criticised the prosecution’s case, describing it as marred by “rank incompetence” and a failure to present corroborating evidence.

Following his acquittal, Timothy Omotoso was deported to Nigeria in May. As the legal system prepares to revisit aspects of the case, Monday’s hearing could be pivotal in determining whether the state can pursue further action in the country’s highest courts.

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