Biodun Fatoyinbo on Friday approached a High court in Abuja, asking that the suit filed by Busola Dakolo be dismissed and demanded N50m as damages.
The senior pastor of Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, in an application filed through his lawyers has asked the Federal High Court in Abuja to dismiss the suit filed by Busola Dakolo, wife of musician, Timi Dakolo, accusing him of rape and that she pays N50m as damages.
According to the application, Fatoyinbo called for the dismissal of the suit on the grounds that it is incompetent, frivolous and statute-barred. He argued that all the reliefs Busola sought against him in the suit marked CV/2817/18, were not grantable.
This comes about two weeks after Dakolo demanded that the pastor apologises for allegedly defiling her.
In a writ of Summons filed on her behalf by her lawyer, Pelumi Olajengbesi and Co, Dakolo demanded that Fatoyinbo pens a clearly worded apology on the front page of at least two national newspapers and two national television stations for seven days running consecutively.
She also demanded that the COZA pastor addresses a ‘personal apology letter’ showing honest remorse for his misdeed.
Dakolo had told the court that the sexual assault on her by Fatoyinbo had adversely affected her marital sex life.
She also demanded that N10m be paid by the pastor as cost of action.
In a 14-paragraphed affidavit that was deposed to by one Ademola Adetuberu who identified himself as Executive Senior Assistant to Pastor Fatoyinbo, he told the court that the substratum of the claimant’s suit was “the mere purported allegation of emotional and psychological distress as a result of the said purported mere allegation of rape against the Defendant”.
‘That I am aware that the Claimant made an allegation of rape and emotional distress before the Nigeria Police Force against the Defendant which is still a subject of investigation”. He told the court that Mrs Dakolo and her lawyer had after they filed the suit, leaked the documents to both electronic and print media organizations, with the story widely shared on the internet “to embarrass and scandalize the Defendant”.
In his counter-claim, Pastor Fatoyinbo prayed the court to award a cost of N50m, jointly and severally against the Claimant and her Solicitor.
See papers below..