The Senior Pastor of Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, has asked the Federal High Court in Bwari Abuja, to dismiss the suit filed against him by Busola Dakolo, alleging rape in 2002.
Biodun Fatoyinbo also asked that the court to award him N50m jointly and severally against the claimant and her solicitor.
Mrs. Busola, wife of Nigeria celebrity musician, Timi Dakolo, claimed Fatoyinbo raped her in 2002 in Ilorin when she was 17 years old.
The pastor in the counter-claim filed on his behalf by Dr. Alex Iziyon (SAN) branded Busola’s suit as frivolous and statute-barred.
Besides, Biodun Fatoyinbo said the reliefs sought by the petitioner were not grantable.
In a 14-point affidavit in support of Fatoyinbo’s counter-suit, his Executive Senior Assistant, Ademola Adetuberu, said he was “aware that the claimant made an allegation of rape and emotional distress before the Nigeria Police Force against the defendant Biodun Fatoyinbo, which is still a subject of investigation.”
According to the Biodun Fatoyinbo, Mrs Dakolo and her lawyer after filing the suit, leaked the documents to both electronic and print media organisations, with the story widely shared on the internet “to embarrass and scandalise the defendant”.
Biodun Fatoyinbo prayed the court to award him N50m jointly and severally against the claimant and her solicitor.
In the Writ of Summons filed on September 6, Mrs. Busola Dakolo alleged that the COZA pastor, Biodun Fatoyinbo raped her on September 23, 2002.
She said Fatoyinbo 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”.
She also alleged that the Biodun Fatoyinbo sexually abused her again on September 26, 2002.
She urged the court to declare that Pastor Biodun Fatoyinbo action was outrageous and reckless and has caused her continuous emotional distress.
She asked the court to award her N10million as damages.
