Busola Dakolo to Appeal Court Ruling
Busola Dakolo - wife of Musician Timi Dakolo- says she would appeal the court’s decision to throw out the rape case she brought against Biodun Fatoyinbo, a Pastor with the Commonwealth of Zion Assembly (COZA).
A High Court in Bwari, Abuja had on Thursday thrown out the case filed by Mrs. Dakolo, after Fatoyinbo filed an objection and an affidavit at the Court reiterating that Busola’s statements were false and concocted to embarrass, scandalize and ridicule him.
Pelumi Olajengbesi- Lawyer to Busola- confirmed this in a statement sent to The Punch on Thursday in reaction to the court’s ruling.
He said: “we have received several calls after the ruling of the High Court of the Federal Capital Territory sitting at Bwari this morning seeking our view on the decision of the court, hence, this statement.”
“The court ruled that the matter is statute-barred because the events that crystallized 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.”
“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.”
“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.”
Fatoyinbo had in his objection argued that from the inception, Busola had sought the attention of the media and press, and brought the civil action even while the Police’s investigation was ongoing.
Justice Oathman A. Musa in her judgment, said the matter amounted to injustice, and an abuse of judicial process as the case was empty and purely sentimental, adding that the case was aimed more at cruelty than obtaining justice.
The court also awarded costs of N1,000,000 against Busola Dakolo and held that the fine should have been 10 times more because the court’s time was wasted.
Dakolo had filed the suit against Fatoyinbo after she claimed that the COZA pastor raped her 20 years ago when she was 16 years in Ilorin, Kwara state.
Fatoyinbo denied the allegations and even took a break from the pulpit but later came back.