A high court in Abuja has dismissed the rape case instituted by Busola Dakolo against Biodun Fatoyinbo, senior pastor of the Commonwealth of Zion Asse
A high court in Abuja has dismissed the rape case instituted by Busola Dakolo against Biodun Fatoyinbo, senior pastor of the Commonwealth of Zion Assembly (COZA) in addition to imposing a fine of N1 million on the celebrity photographer.
Busola, wife to Timi Dakolo, Nigerian gospel singer, has been in a heated legal battle with the clergyman after she had publicly alleged that the COZA pastor forcefully had carnal knowledge of her on two occasions as a teenager. In the suit, filed on behalf of Busola by Pelumi Olajengbesi, her lawyer, the photographer had alleged that the action of the pastor, as well as his denial in statements made thereafter, caused her “continuous emotional distress” that affected her marital sex life.
“The claimant avers that she was immediately terrified and in shock while the defendant pinned her down on the couch following which he caressed her body, fondled her breasts, pulled her pants, quickly half-pulled his trousers and ordered her to allow him to have his way with her. The claimant avers that the defendant in the process used his hand to cover her mouth, thereby muffling her screams. The claimant avers that the defendant made efforts to penetrate her vagina, whilst she struggled to fight him off; however, the defendant overpowered her and penetrated her vagina and had sexual intercourse with her,” Olajengbesi said.
“The claimant avers that while she was in shock of the incident which had rendered her befuddled and mortified, the defendant rushed out of the living room area of her family home and briefly returned with a bottle of soda (Krest) which he forced down her throat thereby making her breathing difficult.”
Oathman Musa, the judge, who presided over the rape case, described it as a purely sentimental abuse of judicial process. The judge also dismissed the case and ordered Busola to pay the sum of N1 million which could have been more because she wasted the court’s time.