Magistrate recuses self in Nigerian pastor case Oma Alponsus Achinulo
Oma Alponsus Achinulo

Oma Alponsus Achinulo

Marvelous Moyo Gwanda Correspondent—
GWANDA Regional Magistrate Joseph Mabeza has recused himself from a theft case involving over $70,000 after a Bulawayo-based Nigerian businessman and pastor Oma Alponsus Achinulo expressed fears that he would not get a fair trial as the magistrate had allegedly dined with state witnesses. Achinulo, 48, of Suburbs, who is a businessman and Liberation Centre pastor in Bulawayo, is facing 14 counts of theft involving more than $70,000 following claims by his business partner Nicholas Masuku that he had been duped in a stands project.

The Nigerian’s partnership with Masuku involved the servicing and development of residential stands in Feinspruit Township, Umzingwane district and Achinulo, who was the financial director in the project, is accused of having used $70,533,34 meant for buying water reticulation pipes and materials, for other purposes.

Achinulo pleaded not guilty last week before magistrate Mabeza and through his lawyer Lison Ncube, he subsequently wrote to the magistrate accusing him as well as regional prosecutor Johannes Tlou of not handling his case properly. The businessman alleged that he saw Mabeza at a Gwanda restaurant having lunch with state witnesses and further claimed that Tlou had assisted a state witness, Nicholas Masuku, to respond to his lawyer’s questions during cross examination.

Achinulo asked Mabeza and Tlou to recuse themselves from the matter as he feared that he would not get a fair hearing. Mabeza has since recused himself from the matter. “I’ll recuse myself, I won’t deal with this matter anymore because of the allegations. I’ve seen it necessary to do so,” he told the court on Thursday as he remanded the matter to October 9.

Tlou told the court that he would not recuse himself as Achinulo’s claims were frivolous and lacked substance. “Your Worship, I can’t at this stage find any reason why I should recuse myself from this matter because the reasons that were given are very frivolous and vexatious. As a State prosecutor I’m entitled to object just like the defence counsel is entitled to object,” said the prosecutor.

“I want to believe that the accused person, as a person who is legally represented, was properly advised about the role of the prosecutor in the criminal trial and that the objections were part of the trial and the fact that the defendant has objected doesn’t mean the prosecutor must recuse himself from the trial.’

He denied answering questions on behalf of the complainant. “For these reasons I’ll not recuse myself from dealing with the matter unless if the court orders me to do so. I’ll obey the court order,” Tlou said, adding that he would engage his superiors on the way forward.

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