Busola Dakolo whose rape case against Biodun Fatoyinbo was dismissed by the court is set to appeal the matter.
Justice O. A. Musa of the Federal Capital Territory High Court in Abuja, today dismissed the rape allegation case by Busola Dakolo, against Pastor Biodun Fatoyinbo of Commonwealth of Zion Assembly and fined N1 million.
Her lawyer, Pelumi Olajengbesi, has now revealed that she would be appealing the case in a superior court as Biodun Fatoyinbo only argued that the could shouldn’t allow the case to proceed to trial because it occurred a long time ago.
He told PUNCH;
“Biodun Fatoyinbo through his lawyers have only argued that the court should not allow the matter to proceed to trial because it is an event that occurred long ago and hence out of time.
“We shall therefore in this circumstance approach a superior court to intervene for a better appreciation, and take a more expansive view of the suit considering that the subject matter is one that is novel in our clime.”
This is also in line with what Segalink had earlier reported. He had said;
A Nigerian Court that claims twice it cannot find processes on Busola Dakolo vs Biodun Fatiyinbo’s case suddenly calls for ruling on preliminary application and declares that the matter is statute barred and that it cannot address the substance of the matter because…… it happened a long ago. A Court cannot declare a matter statute barred when it has been shown that the legal injury is a continuous one.
The court is duty bound to consider the statement of claim and reliefs sought and where it has been shown that the legal injury is of a continuous nature the court is duty bound to hear it. We know that the struggle to sanitize Nigeria of all these social madness will not come easily