An Abuja High Court has imposed a fine of N1 million on
Busola Dakolo, Nigerian celebrity photographer, over her rape allegations
against Biodun Fatoyinbo, Senior Pastor of the Commonwealth of Zion Assembly
(COZA).
Busola, wife to Timi Dakolo, Nigerian gospel singer, has
been in a heated legal battle with the clergyman after she had publicly alleged
that the COZA pastor forcefully had carnal knowledge of her on two occasions as
a teenager.
In the suit, filed on behalf of Busola by her lawyer, Pelumi Olajengbesi, the photographer had alleged that the action of the
pastor, as well as his denial in statements made thereafter, caused her
“continuous emotional distress” that affected her marital sex life.
“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,”
Olajengbesi said.
“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.”
Oathman Musa, the judge, who presided over the case,
described it as a “purely sentimental abuse of judicial process.”
The judge also dismissed the case and ordered Busola to pay
the sum of N1 million which could have been more because she wasted the court’s
time.
In her reaction, Busola, through her lawyer, acknowledged
the court verdict, but vowed to approach a superior court to intervene on the
matter.
Her lawyer said: “The court ruled that the matter is statute-barred because
the events that crystallised to the cause of action took place 16 years ago and
that the claimant Mrs. Busola Dakolo has only six years within which to seek
redress in court in line with the statute of limitation.
“We are mindful of the decision as delivered by the court,
presided over by the Hon. Justice A.O Musa. We are equally observant of the
fact that the Court omitted to address the cause of action, the subject matter
of the suit in determining whether it has jurisdiction to entertain the said
matter.
“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.
“For all intent and purposes, having seen several sponsored
misleading news reports in the media, we are duty-bound to state that the court
has not and did not exonerate Biodun Fatoyinbo. As it stands, the substance of
the matter has not received any judicial attention.
“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.”
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