Senior pastor of the Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, has asked the FCT High Court in Abuja to dismiss the suit filed by Busola Dakolo.
The clergyman is also demanding N50m as damages from Busola, wife of musician, Timi Dakolo.
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Busola had in an interview in June accused Pastor Fatoyinbo of raping her while she was a teenager.
In a suit filed before the FCT High Court two weeks ago, she said the defilement has adversely affected her marital sex life.
She, therefore, demanded that Fatoyinbo publishes an apology to her on the front page of at least two national newspapers.
The apology should also run on two national television stations for seven days running consecutively.
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In a preliminary objection dated, September 20, Fatoyinbo called for the dismissal of Busola Dakolo’s suit, saying it was grossly incompetent.
He further argued that the court lacks the jurisdiction to entertain a suit that is frivolous and amounted to “palpable abuse of court process”.
In a 14-paragraphed affidavit that was deposed to by one Ademola Adetuberu who identified himself as executive senior assistant to Fatoyinbo, the pastor 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”.
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He told the court that Busola and her lawyer had after they filed the suit, leaked the documents to both electronic and print media organisations, with the story widely shared on the internet “to embarrass and scandalise the defendant”.
Consequently, in his counter-claim, Pastor Fatoyinbo prayed the court to award a cost of N50m, jointly and severally against the claimant and her solicitor.
