A Federal Capital Territory High Court sitting in Bwari has dismissed a rape case by Busola Dakolo, against the Senior Pastor of the Commonwealth of Zion Assembly, COZA, Pastor Biodun Fatoyinbo. The court also ordered Busola to pay N1m for wasting the court’s time.
In a suit, filed by Busola, wife of Musician, Timi Dakolo, in September, she had accused Fatoyinbo of rape, adding that the alleged action of the pastor, as well as his denial in a statement adversely, affected her marital sex life.
The new development surfaced after Fatoyinbo filed an opposition coupled with an affidavit at the Court stating that the allegations presented by Bukola were fabricated and not real in order to scandalize, humiliate and ridicule him.
He stated that from the beginning, she sought after the press, media and civil action during the process of Police investigation. Her false claim was inappropriate, an abuse of the judicial process.
She, therefore, demanded “a personal letter of apology” from the cleric to show honest remorse for his misdeeds.
Fatoyinbo’s lawyer, Alex Iziyon (SAN), however, argued that the prayer could not be granted, describing it as a frivolous suit.
In his ruling, Justice Oathman Musa held that the matter amounts to injustice and an abuse of judicial process adding that the case is empty and purely sentimental. Justice Musa said that the case was aimed more at cruelty than obtaining justice.
The court also awarded costs of N1m against Busola Dakolo and held that the fine should have been 10 times more because the court’s time was wasted.
In her suit, which was filed on her behalf by her lawyer, Pelumi Olajengbesi and Co of Law corridor, Mrs Dakolo asked the court to declare that Fatoyinbo’s denial of his alleged acts contained jointly and/or severally through a press statement he released on June 28, 2019, had caused her continuous emotional distress and amounted to intentional infliction of emotional distress on her.
Olajengbesi said, “The claimant avers that she was immediately terrified and in shock while the defendant pinned her down on the couch following which he caressed her body, fondled her breasts, pulled her pants, quickly half-pulled his trousers and ordered her to allow him to have his way with her.
“The claimant avers that the defendant in the process used his hand to cover her mouth, thereby muffling her screams. The claimant avers that the defendant made efforts to penetrate her vagina, whilst she struggled to fight him off; however, the defendant overpowered her and penetrated her vagina and had sexual intercourse with her.
“The claimant avers that while she was in shock of the incident which had rendered her befuddled and mortified, the defendant rushed out of the living room area of her family home and briefly returned with a bottle of soda (Krest) which he forced down her throat thereby making her breathing difficult.”
Meanwhile, the Nigeria Police Force says the probe into the allegation of rape against Fatoyinbo is slow because the alleged crime took place 20 years ago.