A Federal Capital Territory High Court sitting in Bwari has dismissed a suit filed by photographer, Busola Dakolo, against the Senior Pastor of the Commonwealth of Zion Assembly, Pastor Biodun Fatoyinbo.
The court also ordered Busola to pay N1m for wasting the court’s time.
In a suit, filed by Busola, wife of Musician, Timi Dakolo, in September, she had accused Fatoyinbo of rape, adding thatthe alleged action of the pastor, as well as his denial in a statement adversely, affected her marital sex life.
She, therefore, demanded “a personal letter of apology” from the cleric to show honest remorse for his misdeeds.
In his ruling, Justice Oathman Musa held that the matter amounts to injustice and an abuse of judicial process adding that the case is empty and purely sentimental. Justice Musa said that the case was aimed more at cruelty than obtaining justice.
The court also awarded costs of N1m against Busola Dakolo and held that the fine should have been 10 times more because the court’s time was wasted.
In her suit, which was filed on her behalf by her lawyer, Pelumi Olajengbesi and Co of Law corridor, Mrs Dakolo asked the court to declare that 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.
“The claimant avers that the defendant in the process used his hand to cover her mouth, thereby muffling her screams. The claimant avers that the defendant made efforts to penetrate her vagina, whilst she struggled to fight him off; however, the defendant overpowered her and penetrated her vagina and had sexual intercourse with her.
“The claimant avers that while she was in shock of the incident which had rendered her befuddled and mortified, the defendant rushed out of the living room area of her family home and briefly returned with a bottle of soda (Krest) which he forced down her throat thereby making her breathing difficult.”
Meanwhile, the Nigeria Police Force says the probe into the allegation of rape against Fatoyinbo is slow because the alleged crime took place 20 years ago.
Kemi Olunloyo took her page to break the News that Timi Dakolo wife, Busola loses rape case against COZA Pastor, Biodun Fatoyinbo and the court asked her to pay Him 1M.
She tweeted saying.
#BREAKING Busola Dakolo LOSES� CIVIL CASE against Pastor @BiodunFatoyinbo of @cozaglobal. Ordered to pay N1M to him in damages for ABUSE of the legal process & CRUELTY to the pastor and his congregation.
listen to Kemi giving full details of the case