By Andy Chukwu
Biodun Fatoyinbo, the Senior Pastor of Commonwealth of Zion Assembly (COZA), has asked the High Court of the Federal Capital Territory in Abuja to dismiss the suit filed against him by Mrs Busola Dakolo, accusing him of raping her as a 17-year-old in 2002.
In his preliminary objection, which he filed against the suit on Friday, September 20, 2019, Fatoyinbo told the court that the prayers contained in the case were ‘ungrantable, adding that the suit is frivolous and a palpable abuse of court process.
The pastor also describing the suit as being statute-barred, having not been filed within three years of the occurrence of the event complained about, and urged the court to dismiss the suit without the need to hear its substance.
His team of lawyers led by Dr. Alex Izinyon (SAN), maintained that the suit could not be pursued, while her allegation of rape against the cleric and her claim that the pastor caused her emotional distress remain a subject of Police investigation.
He also accused Mrs Dakolo of an attempt to scandalise and embarrass him by going to the Press about the suit before even serving it on him.
Mr. Ademola Adetuberu, the Executive Senior Assistant to Fatoyinbo, deposed to the affidavit filed in support of the suit.
Mrs Dakolo, in her suit claims that the rape incident in 2002 had adversely affected her marital life.
In her writ of summons, she asked the court to, among others, compel Fatoyinbo to publish an apology to her on the front page of at least two national newspapers and air same on two national televisions for seven days running consecutively.
The suit was instituted on her behalf by her lawyer, Pelumi Olajengbesi.
Busola had, in June, leveled the rape allegation against Fatoyinbo, claiming that he had sexual intercourse with her on September 23 and 26, 2002, and caused her continuous emotional distress, which she said was intentional.