The Nigerian pastor accused of rape, Biodun Fatoyinbo, has asked an Abuja High Court to dismiss the suit instituted against him by by his accuser, Busola Dakolo, who is the wife of popular musician, Timi Dakolo.
Mr Fatoyinbo’s request is stated in his preliminary objection dated September 20 and seen by PREMIUM TIMES on Saturday. It was filed through his lawyer, Alex Izinyon.
He wants an order of the court to dismiss the suit for “being statute barred and incompetent”.
He also said Mrs Dakolo’s case against him is an abuse of judicial process. He further prayed for an award cost of N50 million to be paid to him.
In an affidavit deposed to by Ademola Adetuberu, Executive Senior Assitant to Pastor Fatoyinbo, he said Mrs Dakolo filed her suit over an allegations of rape which she claimed caused her psychological and emotional distress as a result of it.
Mr Adetuberu, in the affidavit further, said Mrs Dakolo’s allegation of rape is before the Nigeria Police and still a subject of investigation.
”That a suit of this nature is statute barred after a period of three years. The reliefs claimed by the Claimant in the suit clearly fall within the limitation law,” he said in the affidavit.
Mrs Dakolo had approached the court to seek redress in the allegation made against Mr Fatoyinbo.
Following an application, dated September 6, by Mrs Dakolo through her lawyer, Pelumi Olajengbesi & Co.,the court ordered Mr Fatoyinbo or his counsel to appear before it within 14 days after receiving the summons by the court.
In the application, Mrs Dakolo had wanted Mr Fatoyinbo to issue a public apology to her for the alleged assault committed in 2002.
Mrs Dakolo, who accused the founder of Commonwealth of Zion Assembly (COZA) of assaulting her in 2002 before she became 18, also wants Mr Fatoyinbo to pay her N10 million as cost of instituting the suit.
Mr Fatoyinbo, who had been enmeshed in other sexual scandals before the recent allegation, runs the Abuja headquarters of his church with his wife, Modele.
In an interview published by YNaija in June, Mrs Dakolo alleged she was ‘assaulted twice’ within a space of one week by Mr Dakolo while she worshipped as a member of his church.
Mrs Dakolo alleged that the pastor raped her for the first time at her parents’ home and at another time in a secluded road path.
She said the incidents occurred before she turned 18 and added that she lost her virginity to him.