The suit filed by photographer, Busola Dakolo, against the senior pastor of the commonwealth of Zion Assembly, Pastor Biodun Fatoyinbo have on Thursday been dismissed by a Federal Capital Territory (FCT) High Court sitting in Bwari.
According to the PUNCH, Justice Oathman Musa, in his ruling stated that the matter amounts to injustice and an abuse of judicial process adding that the case is empty and purely sentimental.
Justice Musa said that the case was aimed more at cruelty than obtaining justice.
The court also awarded costs of N1million against Busola Dakolo and held that the fine should have been 10 times more because the court’s time was wasted.
Busola, who is also the wife of Musician, Timi Dakolo, in her suit filed in September, accused Fatoyinbo of rape. She, therefore, demanded “a personal letter of apology” from the cleric to show honest remorse for his misdeeds.
In the suit, which was filed on her behalf by her lawyer, Pelumi Olajengbesi and Co of Law corridor, Dakolo asked the court to declare that Fatoyinbo’s denial of his alleged acts contained jointly and/or severally through a press statement he released on June 28, 2019, had caused her continuous emotional distress and amounted to intentional infliction of emotional distress on her.
Fatoyinbo’s lawyer, Alex Iziyon (SAN), however, argued that the prayer could not be granted, describing it as a frivolous suit.
Fatoyinbo had earlier in a press statement responded to Dakolo’s allegations. He declared that he has never raped anyone before.
He thereafter asked the FCT High Court to dismiss the suit filed by Dakolo.
In an application filed through his lawyers, he also demanded that he is awarded a sum of N50 million as damages.
According to the application, he called for the dismissal of the suit on the grounds that it is incompetent and frivolous.
