A court in Juba has dismissed a criminal case brought by the Episcopal Diocese of Juba against six leaders and members of the Moru Congregation, ruling that the Diocese lacked the legal capacity to institute the proceedings.
The ruling, delivered on Monday, August 18, dismissed Criminal Case No. 4071 of 2025 and discharged all six accused persons. The court said any party aggrieved by the decision may appeal within 15 days.
The case involved Samson Lazoro, Solomon Gismalla, John Weasely, John Bismark, Stephen Lawrance and Canon Rev. Isaac Oneil Yosia Diama, leader of the Moru Congregation.
The Diocese had brought charges under Sections 48, 201, 204 and 329 of the South Sudan Penal Code Act, 2008, relating to acts in furtherance of common intention, insulting religious creed, disturbing a religious assembly and house trespass.
At the beginning of Monday’s proceedings, the Diocese sought a temporary injunction to close churches operated by the Moru Congregation and hand them over to the Diocese.
The defence opposed the application, arguing that it did not meet the legal requirements for an injunction and would effectively determine the dispute before the main case was heard.
The court rejected the injunction application, upholding the defence argument that the existing possession of the churches should be maintained.
The main issue before the court was a preliminary objection by the defence challenging the Diocese’s legal capacity to bring the case.
Defence lawyers Ezekiel Eresto and Swaka Clement argued that the Episcopal Diocese of Juba was neither established by statute nor registered with a competent government authority and therefore lacked separate legal personality to sue in its own name.
The prosecution, represented by Advocate Esphota Justin Lupai, argued that the Diocese derived its legal standing from constitutional provisions protecting freedom of worship, assembly and property ownership.
The defence, however, relied on common law authorities to argue that an unincorporated association cannot institute or face proceedings in its own name.
After considering submissions from both sides, the court found that the Episcopal Diocese of Juba was neither a statutory entity nor a registered legal entity.
The finding led to the dismissal of the criminal case and the discharge of all six accused persons.
The ruling represents a significant legal setback for the Diocese in its dispute with the Moru Congregation, although the court has left the door open for an appeal within the prescribed 15-day period.
