By Alex Enumah in Abuja
Justice Othman Musa of a High Court of the Federal Capital Territory (FCT) in Bwari Area of Abuja, on Thursday dismissed the rape suit against Senior Pastor of the Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo.
Busola, wife of music artiste, Timi Dakolo, had dragged the pastor before the Abuja High Court, seeking justice and compensation over alleged rape she said was committed against her in 2002, when she was a teenager.
However, Justice Musa in his judgment, dismissed the case for lacking substance and awarded a cost of N1,000,000 against the plaintiff.
The court in dismissing the rape allegation against Pastor Fatoyinbo held that the case of the plaintiff was purely sentimental and empty and liable to be dismissed.
Justice Musa while awarding costs of N1,000,000 against Busola Dakolo, held that it would have been 10 times more but resisted it because, according to him, there are women with legitimate claims who may approach the court for justice.
According to the court, the case carries more of cruelty than justice.
Earlier, Fatoyinbo, through his lawyer, Dr. Alex Izinyon SAN, in a preliminary objection dated 20th September, 2019, said the reliefs sought by Busola in the suit were not grantable, which makes the suit incompetent.
Dr. Izinyon submitted that the court
lacked the jurisdiction to entertain the suit, adding that the suit is frivolous and a palpable abuse of court process.
In an affidavit deposed to, by
Ademola Adetuberu, Executive Senior Assitant to Pastor Fatoyinbo, he 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 said in the affidavit, ”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”.
Busola had last month approached the court to seek redress in the allegation made against pastor Fatoyinbo.
In the substantive matter, Mrs Dakolo, through her lawyer, Pelumi Olajengbesi, prayed the court to order Fatoyinbo to publish a clearly worded apology to Busola on the front page of at least two (2) National Newspapers and two National Televisions for seven days running consecutively.
Busola Dakolo had two months ago made a shocking revelation in a detailed interview with Chude Jideonwo, a lawyer and journalist, of how the Abuja-based pastor allegedly raped her as a teenager.
She claimed that Mr Fatoyinbo had sexual intercourse with her on September 23 and September 26, 2002, the incident she said caused her continuous emotional distress.