NPA’s Omotoso retrial hopes fade as extradition deemed ‘difficult’

Legal expert Ulrich le Roux says it will be difficult for the National Prosecuting Authority (NPA) to get Televangelist Timothy Omotoso extradited if they wish to have him retried.

This comes after Omotoso returned to his country of origin, Nigeria. He left OR Tambo International Airport in Johannesburg for Lagos on Sunday.

Omotoso voluntarily opted to be deported after immigration authorities arrested him in East London in the Eastern Cape earlier this month.

The High Court in Gqeberha had acquitted him and two others of 32 charges including rape, racketeering and human trafficking last month.

The NPA has appealed the judgment.

Le Roux says, “This will also now pose a problem for the NPA. They have indicated that they are going to appeal his acquittal, and they want to bring that before the Supreme Court of Appeal. They have unfortunately not filed any papers yet. So, there’s nothing that would’ve prevented Omotoso from either leave the country voluntarily or to be deported voluntarily.”

“The effect that now has on the NPA, if they do want to prosecute this appeal, they will have to extradite him from Nigeria back to SA. To do that, and obviously it is going to create problems for them as well,” Le Roux explains.

VIDEO | Timothy Omotoso at OR Tambo International Airport’s international departures:

NPA to proceed with appeal

The NPA on Monday says it will proceed with the appeal on the acquittal judgment notwithstanding, adding that “The South African legal system does not require active participation or presence of an accused person during the hearing of an appeal by a court. An appeal process requires the involvement of the legal teams of the appellants and respondents, the Registrar of the High Court and the Supreme Court of Appeal (SCA), as well as the judiciary.”