Alex Enumah in Abuja
The Senior Pastor of Commonwealth of Zion Assembly, (COZA), Biodun Fatoyinbo, has asked an Abuja High Court to dismiss the rape suit instituted against him by Busola, wife of Nigeria’s music star, Timi Dakolo.
Fatoyinbo in a preliminary objection filed against the suit described it as frivolous, incompetent and statute barred.
The pastor through his lawyer, Dr. Alex Izinyon, SAN, in the preliminary objection dated September 20, 2019, said the reliefs sought by Busola in the suit are not grantable, thereby rendering the suit incompetent.
According to the objection filed at a high court of the Federal Capital Territory, (FCT) Dr. Izinyon said the court lacked the jurisdiction to entertain the suit adding that the suit was frivolous and a palpable abuse of court process.
In an affidavit deposed to by Ademola Adetuberu, Executive Senior Assitant to Pastor Fatoyinbo, said the substratum of the claimant’s suit was the mere purported allegation of emotional and psychological distress as a result of the said purported mere allegation of rape against the Defendant.
He further said in the affidavit that the said purported mere allegation of rape was still a subject of investigation by the Police.
”That a suit of this nature is statute barred after a period of three years. The reliefs claimed by the Claimant in the suit clearly fall within the limitation law,” he said in the affidavit.
Busola had last month approached the court to seek redress in the allegation made against pastor Fatoyinbo.
The complainant through her lawyer, Pelumi Olajengbesi & Co., is seeking the order of the court to compel Fatoyinbo to publish a clearly worded apology to Busola on the front page of at least two (2) National Newspapers and two National Television stations for seven days running consecutively.
She had also made a shocking revelation in a detailed interview with Chude Jideonwo, a lawyer and journalist, of how the Abuja-based cleric allegedly raped her as a teenager.
She claimed that Fatoyinbo had sexual intercourse with her on September 23 and September 26, 2002, which caused her continuous emotional distress and amount to intentional infliction of emotional distress.