NPA to appeal Omotoso acquittal, and will seek extradition if appeal succeeds
NPA spokesperson, advocate Mthunzi Mhaga Omotoso is not required to be present in court when the NPA appeal is made.
The National Prosecuting Authority (NPA) on Monday announced that while it has noted the departure of Timothy Omotoso from South Africa , it will still 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," he said.
Mhaga said there was no basis for authorities to block Omotoso from leaving South Africa.
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"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," said Mhaga.
He said if the NPA appeal succeeds, the prosecuting authority will apply for Omotoso's extradition.
"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," said Mhaga.
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