The wife of Nigerian singer, Timi Dakolo, Mrs. Busola Dakolo, has asked the High Court of the Federal Capital Territory in Abuja to dismiss the preliminary objection filed against the rape case she instituted against the Senior Pastor of Commonwealth of Zion Assembly, Biodun Fatoyinbo.
She stated in her response to the objection that the injuries, wrongs and damage done against her by Fatoyinbo continue to haunt her and cause her fresh emotional injury.
“That contrary to paragraph 9(a, g and h) of the applicant’s affidavit, the wrongs, injuries and damage done to her by the applicant (Fatoyinbo) are continuing and that she continues to experience fresh emotional injury from time to time due to the acts of the defendant/applicant,” the counter-affidavit she filed in response to Fatoyinbo’s objection read in part.
In his preliminary objection which he filed against the suit on September 20, 2019, Fatoyinbo had told the court that the prayers contained in the case were ungrantable.
Describing the suit as being statute-barred, having not been filed within three years of the occurrence of the event complained about, Fatoyinbo 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 his claim that the pastor caused her emotional distress remained a subject of a police investigation.
He also accused the plaintiff of an attempt to scandalize and embarrass him by going to the press about the suit before even serving it on him.
But in her reply to the objection, Busola, through her counsel, Pelumi Olajengbesi, argued that contrary to Fatoyinbo’s claim, her suit had not become statute-barred as the injury he suffered in the hands of the pastor continued.
Her counter-affidavit added, “That the injury suffered by the respondent is continuing.
“That the suit is not statute-barred. That the suit falls within the exception to the statute of limitation law.”
She also said she did not file a criminal case against the pastor but a civil case which could go on simultaneously with a police investigation.
He counter-affidavit read in part, “That the deposition as contained in paragraphs 5,6,7,8,9 and 13 of the affidavit in support of the notice of preliminary objection are not the true reflection of the facts and reliefs before this honourable court in the substantive suit.
Responding to Fatoyinbo’s claim that she released the documents filed in her suit to the media in order to embarrass him, Busola said she never wanted a media coverage, adding that the suit was not leaked to the press by her or anyone close to her.
The supporting affidavit read in part, “That she or anyone acting on her behalf did not give the origination processes of this suit to the press or anybody whatsoever for publication.
“That she was embarrassed by the several media publications of Monday, September 9, 2019, as relating to the suit as she never wanted any media coverage for the matter and was unpleasantly surprised that same was leaked to the press.”
Busola had, in June this year, leveled the rape allegation against Fatoyinbo.
She claimed that Fatoyinbo had sexual intercourse with her on September 23 and 26, 2002, and caused her continuous emotional distress, which she said amounted to intentional infliction of emotional distress
In her writ of summons, the plaintiff asked the court to 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.
She also prayed for an order directing Fatoyinbo to address a personal apology letter to her showing honest remorse for his “misdeed”.
She also asked the court to order the cleric to pay her N10m as the cost of the prosecuting the suit.