The High Court sitting in Bwari, Abuja, has dismissed the case filed by Busola Dakolo against Pastor Biodun Fatoyinbo of the Commonwealth of Zion Assembly, COZA.
Busola, the photographer wife of popular musician, Timi Dakolo had accused Fatoyinbo of raping her when she was 16.
In the judgment, Justice Oathman A. Musa also awarded a cost of N1,000,000 against Busola, saying the fine ought to have been 10 times more because the court’s time was wasted.
The court held that the case amounted to injustice and an abuse of judicial process adding that it was empty and purely sentimental.
Justice Musa said that the case was aimed more at cruelty than obtaining justice.
Busola had claimed that Fatoyinbo “forcefully pushed her until she fell on the couch close to the front door of her house, after which he pinned her to the couch, undressed her, caressing her body, fondling her breasts, exposing his genitals to her glare, forcing a bottle of soda (Krest) down her throat, thereby making her breathing difficult, all the while covering her mouth to muffle her screams, and thereafter threatened her life”.
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In the suit filed on her behalf by her lawyer, Pelumi Olajengbesi and Co, she prayed the court to declare that the 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.
She told the High Court that the rape had adversely affected her marital sex life and demanded a letter of apology from Fatoyinbo as a show of remorse for his action.
However, Fatoyinbo’s team of lawyers led by Dr. Alex Iziyon, SAN, had objected to the suit arguing that it was frivolous and statute-barred.
Iziyon argued that the reliefs sought by Busola against his client were not grantable.
