A Federal High Court sitting in Ibadan on Thursday ruled that the former factional president of Christ Apostolic Church, Pastor Elijah Howard Oluseye, the Chairman of Christians Association CAN, Oyo State chapter, Pastor Johnson Ayo Olabisi and two others have a case to answer on allegations of conspiracy and forgery preferred against them by the Federal Government.
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Other accused arraigned have case to answer with Oluseye are Pastor Gideon
Okegwemeh, the general secretary of the general executive faction of the church, and Abdulhakeem Mohammed of Corporate Affairs Commission ,CAC, Abuja.
While delivering the ruling, Justice Abimbola Adejumo Obaseki held that a prima facie case had been established by the prosecution against the accused persons in seven- count charge out of the nine count charges.
Justice Obaseki declared that on February 13, 2013 the prosecution amended the charge from five count to nine count charges ,but counsel to the accused wrote his address on the five count which had been struck out. The court declared that the ruling will be delivered on the nine count charges.
The court stated that count one to count six of the charge centered on allegations of forgery of minutes of meetings Conspiracy ,fraudulently obtaining registration certificate of the Christ Apostolic Church CAC among others among others.
This, she said, would require them to put up their defense on some of the grievous allegations. The court ruled that the prosecution established Count 1 to Count 6 with documentary evidence from the prosecution witness 1,2 and 3 which need to called on the accused person for explanation.
Justice Obaseki said the prosecution could not establish count 7 and count 8
against accused persons and thereby struck it out. The trial judge declared that upon proper perusing all the evidence before the court there is scintillating evidence that linked the four accused persons with count 1,2,3,4,5 ,6 and 9 of the charges of they must defend d themselves.
The judge added that a no case submission could be upheld only if the evidence of the prosecution were discredited.
Citing cases of state versus Omisore, Daboh versus state among others, the judge said that her findings indicated that the accused have case to answer.Justice Obaseki therefore adjourned the case to October 28, 29 and November 15 for the accused persons to open their defence.
It would be recalled that the case started about 22 years ago with adverse effects on the church which has broken into two factions.
Two factional presidents of the church,pastors Nelson Udofia and joshua Ogunlade died in the process.