Mrs Dakolo took Fatoyinbo before the FCT High Court for allegedly raping her on different occasions when she was a teenager about 20 years ago.
Busola, wife of musician, Timi Dakolo, has called on the Founder of the Commonwealth of Zion Assembly, Pastor Biodun Fatoyinbo, to present himself to the court for the sake of justice.
Dakolo urged the FCT High Court in Abuja to discountenance preliminary objection filed against her case by Fatoyinbo.
She made the plea while responding to the preliminary objection by Fatoyinbo, insisting that she sued the pastor because of the continued emotional injuries she suffered as a result of the rape he committed against her.
According to the News Agency of Nigeria, Mrs Dakolo took Fatoyinbo before the FCT High Court for allegedly raping her on different occasions when she was a teenager about 20 years ago.
The court in a writ of summons dated September 6 had ordered the pastor to appear before it within 14 days of the service or judgment may be given in his absence.
However, Fatoyinbo through his lawyer, Mr Alex Izinyon (SAN), tried to discharge the suite by filing a preliminary objection dated September 20, saying that the case was filed out of time and the court cannot hear the matter again.
But responding to that objection, Dakolo, through her Lawyer, Mr Pelumi Olajengbesi, argued that the action was not statute-barred (filed out of time) and that it is predicated on continuous injury which is an exception to the statute of limitation.
She said, “My cause of action is predicated on a continuing injury which I have continued to suffer over a long period of time.”
Dakolo urged the court not to allow the defendant run away from justice by hiding under the cloak of statute of limitation, noting that emotional distress is a tort that cannot be quantified by time.