Rape case: Fatoyinbo files preliminary objection, says case “filed out of time”
The Senior Pastor and Founder of the Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, has said he has no business interfacing with Busola Dakolo in the law court over the allegation of rape leveled against him.
It would be recalled that Busola Dakolo, wife of Nigeria’s inspirational singer Timi Dakolo had dragged Fatoyinbo, to court over her rape claims.
An FCT High Court in a writ of summons dated Sept. 6 and served on Fatoyinbo, ordered the Pastor to appear before it within 14 days of the service or judgment may be given in his absence.
But the Pastor through his lawyer Alex Izinyon, SAN, in a preliminary objection dated Sept. 20, said the case was filed out of time.
“The claimant’s suit is statute-barred therefore this Honourable Court lacks the jurisdiction to entertain same; the suit is frivolous and a palpable abuse of court process.
“The suit has no cause of action for this Honourable Court to adjudicate upon; the reliefs sought in this instant suit cannot be granted, therefore this suit is incompetent,” Fatoyinbo said.
He therefore demanded to be awarded the cost of N50 million jointly and severally against Busola and her solicitor, while requesting the court dismiss the suit for abuse of judicial process.
Meanwhile, Pelumi Olajengbesi, lead counsel to Dakolo, when contacted to react on the preliminary objection filed by Fatoyinbo, he declined comment on the matter but said the COZA Pastor should meet them in court.
On the other hand, Busola Dakolo is seeking the order of the court to compel Fatoyinbo to publish a clearly worded apology to her on the front page of at least two (2) National Newspapers and two National Televisions for seven days running consecutively.
She had two months ago made a shocking revelation in a detailed interview with Chude Jideonwo, a lawyer and journalist of how the Abuja-based cleric raped her as a teenager.
She claimed that Fatoyinbo had sexual intercourse with her on September 23 and 26, 2002 caused her continuous emotional distress and amount to intentional infliction of emotional distress.
The viral video report had set social media and other online platforms on fire, evoking shock, backlash and criticisms from Nigerians, especially the Christian community.
Pastor Fatoyinbo was detained during interrogation over the rape allegation at the Force Headquarters in Abuja in August, but was later released on bail.
Fatoyinbo had also boycotted the panel set up by the Pentecostal Fellowship of Nigeria (PFN) to investigate the rape allegation against him, claiming that he was advised by his lawyers not to appear.
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