A Juba County Court has dismissed the cohabitation case brought against Bishop David Akau Kuol of the Awerial Diocese of the Episcopal Church of South Sudan.
The lawsuit suit, filed by Amos Awan on May 31, accused Bishop Akau of engaging in an unlawful cohabitation arrangement with his daughter, Amer, for nearly 12 years.
On June 12, the Archbishop of the Episcopal Church Internal Province of Eastern Bahr el Ghazal, Alpayo Manyang Kuctil, lifted Bishop Akau’s immunity, allowing him to appear before the court in Juba. On June 23, the court charged Bishop Akau with “illegal marriage” and “child neglect.”
However, during a recent hearing, Presiding Judge David Moses Tut dropped all charges against the bishop and ordered his reinstatement. The judge stated that the prosecutor has the option to appeal the ruling within 15 days.
Following the court’s decision, Lawyer Diing Garang Noon, head of the defense team, addressed journalists in Juba. He cited the lack of substantial evidence as the reason for the case’s dismissal.
“The case was not right. David is not involved with the daughter of Moses Awan. The court has dismissed the case raised by Moses Awan against Bishop David, and today, David is free and innocent, and the case is over,” Garang said.
Advocate Garang called upon the Anglican leadership to reinstate Bishop Akau to resume his diocesan duties. He also urged the Dinka community to refrain from involving the court in marriage-related matters, emphasizing that the case was not supported by Dinka customary law or civil procedures.
Makuei Deng Makuei, a staunch supporter of Bishop Akau, expressed his happiness over the court’s decision, describing it as a victory against adversity. He called on those opposing Bishop Akau to cease sponsoring individuals to tarnish the bishop’s reputation and encouraged them to address any personal issues directly rather than using proxies.
“We are happy that all charges against the Bishop have been dismissed. We are celebrating this victory against the devil. The devil is a loser, and Jesus Christ is the winner,” said Deng.
The South Sudan Penal Code 2008 says every person who by deceit causes any other person who is not lawfully married to him or her to believe that he or she is lawfully married to him or her and to cohabit or have sexual intercourse with him or her in that belief, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding two years or with a fine or with both.