A celebrity photographer, Busola Dakolo has reacted after a High Court of the Federal Capital Territory dismissed her rape lawsuit against Pastor Biodun Fatoyinbo of the Commonwealth of Zion Assembly (COZA).
KanyiDaily had earlier that Justice Othman A. Musa dismissed the rape case filed by Busola against Pastor Fatoyinbo, saying 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.
Reacting in a statement issued by her lawyer, Pelumi Olajengbesi, Busola rejected the verdict and insisted that she will be taking the case to the next level by lodging her suit at a superior court.
“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 crystallised 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.
“We are mindful of the decision as delivered by the court, presided over by the Hon. Justice A.O Musa. We are equally observant of the fact that the Court omitted to address the cause of action, the subject matter of the suit in determining whether it has jurisdiction to entertain the said matter.
“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.
“For all intent and purposes, having seen several sponsored misleading news reports in the media, we are duty-bound to state that the court has not and did not exonerate Biodun Fatoyinbo. As it stands, the substance of the matter has not received any judicial attention.
“Biodun Fatoyinbo through his lawyers have only argued that the court should not allow the matter to proceed to trial because it is an event that occurred long ago and hence out of time.
“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.” the statement added.
Busola had filed the suit against Fatoyinbo, alleging that the COZA pastor caused her emotional distress after raping her multiple times 20 years ago when she was 16 years in Ilorin, Kwara State.
Pastor Fatoyinbo denied the allegations and even took a break from the pulpit and later came back to ministration.
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