Rape victim, Busola Dakolo, through her lawyer, has implored the court to dismiss her alleged rapist, Biodun Fatoyinbo’s legal submission that the rape allegation suit against him is statute barred.
Dakolo had on September 6, 2019 filed a lawsuit against the pastor for intentional infliction of emotional distress over the rape incident, but Fatoyinbo and his lawyer’s preliminary objection had been based on a claim that the case is statute barred and can no longer be the subject of a legal action because the time limit imposed by the limitations act has been exceeded.
Fatoyinbo’s lawyer, Mr Alex Izinyon (SAN) had argued that Dakolo can no longer come up with a court action again against him, thereby seeking that the court dismisses the suit on its substantive merit while giving both parties an opportunity to present their case for impartial adjudication.
Since Fatoyinbo, the founder and lead pastor of Common Wealth of Zion Assembly (COZA), was accused by Busola Dakolo of raping her twice within a week when she was just 16 years old, several concerned Nigerians have clamoured for the arrest and subsequent court trial for the ‘Man of God’ to ascertain his guilt or innocence. But in new legal documents obtained by Neusroom, Dakolo tells the court that Fatoyinbo is aiming to evade justice.
Dakolo and her lawyer say that the alleged serial rapist and his lawyer’s argument that her suit is out of time is misconceived and an attempt to hoodwink the court from the main issue and evade justice.
This, the legal papers say, is because the emotional distress that she continues to experience as a result of her ordeal at the hands of Fatoyinbo cannot be quantified by time, as its impact is suffered from time to time.
A part of the legal document reads: “the cause of action of the respondent is predicated on the tort of intentional infliction of emotional distress, which is different from negligent infliction of emotional distress.
The respondent humbly posits that the fulcrum of this suit is not rooted on the allegation of rape as this is not a criminal court but on cumulative facts which has caused the respondent continuous emotional injuries.”
Dakolo is not the only woman who has come forward to accuse Fatoyinbo of forcefully having sexual intercourse with her, with former members of his church claiming that they were also victims of his alleged criminal acts.