A Federal High Court sitting in Bwari, Abuja on Thursday dismissed the case filed by Busola Dakolo against Pastor Biodun Fatoyinbo of the Commonwealth of Zion Assembly (COZA).
The court also ordered Busola to pay N1m for wasting the court’s time.
In a suit, filed by Busola, wife of Musician, Timi Dakolo, in September, she had accused Fatoyinbo of rape, adding that the alleged action of the pastor, as well as his denial in a statement adversely, affected her marital sex life.
She, therefore, demanded “a personal letter of apology” from the cleric to show honest remorse for his misdeeds.
Fatoyinbo’s lawyer, Alex Iziyon (SAN), however, argued that the prayer could not be granted, describing it as a frivolous suit.
In his ruling, Justice Oathman Musa held 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 N1m against Busola Dakolo and held that the fine should have been 10 times more because the court’s time was wasted.
Dakolo filed the suit against Fatoyinbo after alleging that he raped her in 2002 and caused her emotional distress. Fatoyinbo’s team of lawyers, led by Dr. Alex Izinyon (SAN), had however argued that the prayers in the suit were ungrantable by the court and that the suit was frivolous and an abuse of court process.
Fatoyinbo wasn’t in court because he’s not required to appear in person for a civil matter.
He was however represented by his lawyers.
