…Fines her 1 million
Naira
A Federal Capital Territory High Court sitting in Bwari has dismissed a suit filed by photographer, Busola Dakolo, against the Senior Pastor of the Commonwealth of Zion Assembly, 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.
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.”
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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. The Force
Public Relations Officer, Frank Mba, said this during an interview. Mba said
the matter was being investigated but the police would not be pushed into
filing charges for the fun of it. He said once the police are done with the
investigation, the public would be notified regarding the next step.
