Ebun Francis| A Federal Capital Territory High Court sitting in Bwari on Thursday dismissed a suit filed by Busola Dakolo, the wife of Nigeria’s known singer, Timi against the Senior Pastor of the Commonwealth of Zion Assembly, Pastor Biodun Fatoyinbo and ordered her to pay a fine of 1m for waste of the court’s time.
Busola filed the suit in September accusing the COZA pastor of rape, which she alleged affected her marital sex life.
In the suit, Pelumi Olajengbesi and Co of Law corridor, her lawyer, Busola asked the court to declare that Fatoyinbo’s denial of his alleged acts contained jointly and/or severally through a press statement he released on June 28, 2019, had caused her continuous emotional distress and amounted to intentional infliction of emotional distress on her.
“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…
She, in the suit, demanded a personal letter of apology from the cleric to show honest remorse for his misdeeds.
But responding to the allegations, Alex Iziyon (SAN), lawyer to Fatoyinbo, described the suit as frivolous and urged the court to throw it out.
In his ruling, Justice Oathman Musa held that the matter amounts to injustice and an abuse of judicial process adding that the case is empty and purely sentimental.
According to Justice Musa, the case was aimed more at cruelty than obtaining justice.
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