The Senior Pastor of Commonwealth of Zion Assembly, COZA, Biodun Fatoyinbo, has asked the Abuja High Court hearing the suit accusing him of raping Mrs. Busola Dakolo to dismiss the suit.
Recall that wife of popular musician, Timi Dakolo, Busola, had accused the pastor of raping her when she was a teenager.
In his preliminary objection against the suit filed on Friday, September 20, the embattled pastor also asked the court to award the cost of N50m against Busola and her lawyer.
He described the suit as being statute barred, having not been filed within three years of the occurrence of the alleged event complained of.
Fatoyinbo further prayed the court to dismiss the suit without going into the substance of the claims as according to him, the prayers in the suit are not “grantable.”
Counsel to the pastor, Dr. Alex Izinyon, SAN, noted that the suit could not be prosecuted while Busola’s rape allegation against his client and her claim that he caused her emotional distress were still the subject of police investigation.
The affidavit in support of the suit deposed to by the Executive Senior Assistant to Fatoyinbo, Ademola Adetuberu, read in part, “That I am aware that the claimant made an allegation of rape and emotional distress before the Nigeria Police Force against the defendant which is still the subject of investigation.
“That I am also aware that the same claimant also filed this suit claiming psychological and emotional distress inflicted on the claimant by the defendant as a result of the said rape allegation levelled against the defendant.
“That the reliefs sought in this instant suit are not grantable and same incompetent.
