Foremost Nigeria Human Right Activist Segun Awosanya also known as Segalink, has questioned the judgement of a Federal High Court in Abuja in the rape allegation case between Busola Dakolo and Pastor Biodun Fatoyinbo.
Busola had accused the COZA pastor, Fatoyinbo of rape in 2002 and on Thursday Justice Oathman Musa of the Abuja High Court 12 in Bwari dismissed the case for lack of evidence and awarded a N1,000,000 fine against Busola.
Awosanya, who is also the convener of the #EndSARs and segalink.com/p/about.html?m…, in a tweet on his official Twitter account, said a court cannot declare a matter statute barred when it has been shown that the legal injury is a continuous one.
Read Also: Busola Vs Fatoyinbo: Court Vindicates Fatoyinbo, Fines Busola N1m
in the lengthy tweet, the human right activist revealed some documents released by the Dakolo’s legal team.
He wrote, “A Nigerian Court that claims twice it cannot find processes on Busola Dakolo vs Biodun Fatiyinbo’s case suddenly calls for ruling on preliminary application and declares that the matter is statute barred and that it cannot address the substance of the matter because.
“A Court cannot declare a matter statute barred when it has been shown that the legal injury is a continuous one.
“The court is duty bound to consider the statement of claim and reliefs sought and where it has been shown that the legal injury is of a continuous nature the court is duty bound to hear it.
We know that the struggle to sanitize Nigeria of all these social madness will not come easily. Watch out. @timidakolo @SIAF_NG @PeluOlajengbesi @citizen_gavel @AbdulMahmud01 @KcUzoka #JudicialReform
“It will even be far more ludicrous if it is announced that the judge went ahead to award damages in Millions to the accused who is still preying on young girls as alleged by survivors being threatened and bribed on the daily to keep mute. What a society! #Shame
“It should interest the public that the defense wasn’t that the rape did not happen based on this. It was objected based on the fact that it happened long ago as per this survivor. And the Judge ruled that he should go and continue violating others from all indications.
A statement released from the legal representative of Busola Dakolo
reads: “We have received several calls after the ruling of the High Court of the Federal Capital Territory sitting in Bwari this morning seeking our view on the decision of the Court, …
1. The Court ruled that the matter is statute barred because the events that crystallized to form the cause of action took place 16 years ago and that the Claimant, …
. Mrs. Busola Dakolo, has only 6 years within which to seek redress in court in line with the statute of limitation.
2. We’re mindful of the decision as delivered by dCourt, presided over by Hon. Justice A.O Musa. We’re equally observant of the fact that the Court failed to address the cause of action/subject matter of the suit in determining whether it has jurisdiction to entertain the matter.
3. While we acknowledge the time of the Court, we know in accordance with the Nigerian Judicial system that the Court’s decision is not final as it is glaringly contestable.
4. For all intent and purposes and having seen several sponsored misleading reports in the media, we are duty bound to state that the court has not and did not exonerate Mr Biodun Fatoyinbo. As it stands, the substance of the matter has not received any judicial attention.
5. Mr. BIODUN FATOYINBO, through his lawyers, has only argued that the court should not allow the matter to proceed to trial because it is an event that occurred long ago and hence out of time.
6. We shall therefore in this circumstance approach a superior court to intervene for a better appreciation, and take a more expansive view of the suit considering that the subject matter is one that is novel in our clime.”
First the case was riddled with reports by the court registrar of missing case files. Now this kind of judgement and a media masturbation over a deliberate disinformation. The substance of the case is still at play.
