Senior Pastor of Commonwealth of Zion Assembly, COZA, Biodun Fatoyinbo, has stated in his defence that the suit filed by Busola, photographer wife of popular musician, Timi Dakolo is frivolous and statute barred.
Fatoyinbo through his lawyer, Dr. Alex Izinyon, SAN, in a preliminary objection dated 20th September, 2019, said the reliefs sought by Busola in the suit are not “grantable,” which makes the suit incompetent.
According to the objection filed at a high court of the federal capital territory, Dr. Izinyon said the court
lacks the jurisdiction to entertain the suit adding that the suit is frivolous and a palpable abuse of court process.
In an affidavit deposed to, by Ademola Adetuberu, Executive Senior Assitant to Pastor Fatoyinbo, said the substratum of the claimant’s suit is 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 is still a subject of investigation by the Police.
To the defendant in the main suit, the reliefs sought in this instant suit are 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 to seek 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 Fatoyinbo to publish a clearly worded apology to Busola on the front page of at least two (2) National Newspapers and two National Televisions stations for seven days running consecutively.
Busola Dakolo had two months ago made a shocking allegation in a video interview with Chude Jideonwo, a lawyer and journalist, of how the Abuja-based cleric allegedly raped her as a teenager in Ilorin.
She claimed that Pastor Fatoyinbo had sexual intercourse with her on September 23 and September 26, 2002, which caused her continuous emotional distress hence amounts to intentional affliction of emotional distress.
