By Eric Ikhilae, Abuja
A High Court of the Federal Capital Territory (FCT) in Bwari, Abuja has dismissed the rape case brought against the Senior Pastor of Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo by a former member of the church, Mrs Busola Dakolo.
Justice Othman Musa, in a judgment on Thursday, upheld the notice of objection filed against the suit by Fatoyinbo.
Justice Musa held that the suit was statute-barred as the issues raised in it were stale.
The judge said there was no scintilla of evidence to support the plaintiff’s case and that it amounted to an abuse of judicial process.
He further held that the case is based solely on sentiment and empty, having no concrete facts known to law and legs to stand upon.
Read Also: Why I shunned PFN panel on Busola Dakolo’s rape allegation— Fatoyinbo
Justice Musa did not only dismiss the suit, he awarded N1million cost against the plaintiff and in favour of Fatoyinbo.
The judge said he would have awarded more cost against the plaintiff, but for his believe that there are women with legitimate claims who may approach the court for justice.
Justice Musa held that, as against the claim by the plaintiff, the suit was actuated more by cruelty as against the quest for justice.
Busola, wife of a music artist, Timi Dakolo, had accused Pastor Fatoyinbo of raping her while she was a teenager in the year 2002.
She subsequently sued and demand for financial compensation and public apologies.
Fatoyinbo countered the suit via a notice of objection filed by his lawyer, Alex Izinyon (SAN), claiming that Busola’s statements were false and concocted to embarrass, scandalise and ridicule him.
He argued that, from the inception, the plaintiff sought the attention of the media and press and brought the civil action even while the police investigation was ongoing.
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