The Senior Pastor and Founder of the Commonwealth of Zion Assembly
(COZA), Biodun Fatoyinbo, says he has no business interfacing with
Busola Dakolo in the law court over the allegation of rape levelled
against him because the lawsuit was "filed out of time".
Busola, wife of Nigerian singer Timi Dakolo had sued Fatoyinbo for
raping her when she was a teenager.
The COZA pastor denied the allegation.
An FCT high court in a writ of summons obtained on September 9 by the
News Agency of Nigeria dated September 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 Fatoyinbo through his lawyer Alex Izinyon in a preliminary
objection dated September 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
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, declined to
comment on the matter.
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.