NPA WILL PROCEED WITH APPEAL DESPITE OMOTOSO DEPARTURE

19 MAY 2025


NPA WILL PROCEED WITH APPEAL DESPITE OMOTOSO DEPARTURE

The National Prosecuting Authority (NPA) has noted the departure of Timothy Omotoso from South Africa on Sunday 18 May 2025. The NPA will proceed with the appeal on the acquittal judgment notwithstanding.

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.

Timothy Omotoso is not a fugitive from justice; there are no legal grounds to prevent him from leaving the country. His departure means that person considered undesirable, is no longer enjoying his life in this country, pending the outcome of the appeal, which could take a long time to finalise.

If the appeal succeeds, the NPA will apply for his extradition, to give effect to the order of the SCA. The NPA will utilise all existing bilateral, regional and international cooperation treaties and mechanisms to ensure he is extradited to South Africa. These include our bilateral extradition treaty with Nigeria and the Commonwealth Scheme for extradition.


Enquires:

Adv Mthunzi Mhaga
NPA National Spokesperson