Godwin Tsa, Abuja
The senior pastor of Commonwealth of Zion Assembly, COZA, Biodun Fatoyinbo, has asked a High Court of the Federal Capital Territory (FCT) to dismiss the alleged rape suit filed against him by wife of celebrity musician, Busola Dakolo.
While describing the suit as frivolous and statute barred, Fatoyinbo said the legal action hinged on a mere purported allegation of emotional and psychological distress derived from a mere allegation of rape against him.
The pastor’s position is contained in notice of preliminary objection filed by his counsel, Dr. Alex Izinyon (SAN).
In the said document dated September 20, Fatoyinbo urged the court to decline its jurisdiction as the reliefs contained therein could not be granted.
Besides, Dr. Izinyon said the court
lacked the jurisdiction to entertain the suit adding that the suit was frivolous and a palpable abuse of court process
In an affidavit deposed to, by
Ademola Adetuberu, Executive Senior Assistant to Pastor Fatoyinbo, the substratum of the claimant’s suit was the mere purported allegation of emotional and psychological distress as a result of the said purported mere allegation of rape against the defendant.
He further said in the affidavit that the said purported mere allegation of rape was still a subject of investigation by the police.
To the defendant in the main suit, the reliefs sought in this instant suit were not grantable and incompetent.
He said in the affidavit, ”that a suit of this nature is statute barred after a period of three years. The reliefs claimed by the claimant in the suit clearly fall within the limitation law”.
Busola had last month approached the court seeking redress in the allegation made against Pastor Fatoyinbo.
Mrs Dakolo, through her lawyer, Pelumi Olajengbesi & Co., is seeking the order of the court to compel Mr Fatoyinbo to publish a clearly-worded apology to Busola on the front page of at least two national newspapers and two national television houses for seven days running consecutively.
Busola Dakolo 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 allegedly raped her as a teenager.
She claimed that Mr Fatoyinbo had sexual intercourse with her on September 23 and September 26, 2002, caused her continuous emotional distress and that amounted to intentional infliction of emotional distress.