The Senior Pastor of Commonwealth of Zion Assembly, Biodun Fatoyinbo has approached a High Court of the Federal Capital Territory urging the court to dismiss the suit alleging that he forcefully raped Busola, wife of celebrity musician, Timi Dakolo in 2002
Fatoyinbo in preliminary objection he filed through his team of lawyers led by a Senior Advocate of Nigeria, Dr. Alex Iziyon, maintained that Busola’s suit was frivolous and statute barred.
The embattled pastor argued that all the reliefs Busola sought against him in the suit marked CV/2817/18, were not grantable.
Recall that Mrs. Dakolo had in a Writ of Summons she filed before the court on September 6, alleged that the COZA pastor had on September 23, 2002, raped her.
She told the court that the pastor forcefully pushed her until she fell on the couch close to the front door of her house after which he pinned her to the couch, undressed her, “caressing her body, fondling her breasts, exposing his genitals to her glare, forcing a bottle of soda (Krest) down her throat thereby making her breathing difficult, all the while covering her mouth to muffle her screams, and thereafter threatened her life”.
The claimant equally alleged that the defendant sexually abused her again on September 26, 2002, even as she urged the court to declare that pastor Fatoyinbo’s action was “outrageous and reckless, and have caused the Claimant continuous emotional distress and amount to intentional infliction of emotional distress”.
She prayed the court to award her a cost of N10million.
But Fatoyinbo in his preliminary objection, maintained that the suit was grossly incompetent.
He also prayed the court to award a cost of N50m, jointly and severally against Busola and her Solicitor.