RAPE ALLEGATION: BUSOLA DAKOLO FINALLY SUES FATOYINBO TO COURT, WANTS PASTOR ASHIMOLOWO TO TESTIFY

Mrs. Busola Dakolo 

About 2 months after she openly accused Pastor Biodun Fatoyinbo of the Commonwealth of Zion Assembly (COZA) of raping her when she was a teenager, Mrs. Busola Dakolo has finally sued him to court over the allegation. Recall that just last month, Fatoyinbo had been invited to the Force Criminal Investigation Department (FCID), Abuja and was quizzed for about 10 hours over the allegation.

According to a report by Vanguard,

An FCT High Court in a writ of summons obtained on Monday by the News Agency of Nigeria (NAN) dated Sept. 6 and served on Fatoyinbo, ordered the Pastor to appear before it within 14 days of the service or judgment may be given in his absence.

Pastor Biodun Fatoyinbo 

“You are hereby commanded that within fourteen (14) days after the service of this writ on you, inclusive of the day of such service you do cause an appearance to be entered for you, in an action of Mrs Busola Dakolo. And take notice that in default the claimant may proceed, and judgment may be given in your absence,” the summon read.

According to the report by NAN, the court may subpoena Pastor Matthew Ashimolowo, the Senior Pastor of Kingsway International Christian Centre (KICC), as he has been listed among the witnesses Busola will be used to establish her case.

Pastor Matthew Ashimolowo

Busola Dakolo, through her lawyer,  Pelumi Olajengbesi & Co., is seeking the order of the court to compel Fatoyinbo to publish a clearly worded apology to her on the front page of at least two (2) National Newspapers and two National Televisions for seven days running consecutively. 

She had claimed that Fatoyinbo had sexual intercourse with her on Sept. 23 and Sept. 26, 2002, caused her continuous emotional distress and amount to intentional infliction of emotional distress. 

Fatoyinbo denied the allegations in a press statement released on June 28, 2019, saying that he had never raped anyone. He then later boycotted the panel set up by the Pentecostal Fellowship of Nigeria (PFN) to investigate the rape allegation against him, claiming that he was advised by his lawyers not to appear. 

Since the allegation was first leveled in June, both Busola and Fatoyinbo have continued to enjoy the support of their respective spouses, and have remained firm in their assertions on the matter before the public. As the matter has now been taken to court, it is expected that the court will determine the case and dispense justice fairly within the provisions of the law. 

Statement by Mrs. Busola Dakolo's Lawyer
According to a report by The Punch, counsel to Mrs. Dakolo has made a statement clarifying the facts surrounding the present suit in court. 

He said, “Following the misinformation being circulated in print and social media on the pending suit filed by our client, it has become imperative to address and clarify the true state of affairs.

“The Nigeria Police Force is still investigating the allegation of rape made by our client against the person of Biodun Fatoyinbo."

“In furtherance of the Police investigation, the suspect (Biodun Fatoyinbo) was confronted by the complainant (our client) on September 5, 2019 at the Force Criminal Investigation Department, Area 10, Abuja, during an investigation conference presided over by Deputy Inspector General of Police, Mike Ogbizi.

“The Police therefore has not taken anyone to court.

“However, our client, in furtherance of her civil rights, and in line with constitutional provisions, filed a civil suit against Biodun Fatoyinbo on September 6, 2019.

“The civil suit is independent of the criminal allegations and/or investigation of the Police."

“The suit has been the subject of several news headlines, albeit with a lot of misleading information. This missive is aimed at clarifying the misinformation and setting the records straight."

“First, our client filed the civil suit against Biodun Fatoyinbo on September 6, 2019 at the High Court of the Federal Capital Territory, Abuja, and not the Federal High Court, as widely reported. As at the time of filing the suit, the same was yet to be assigned to a judge for hearing."

“Secondly, the court did not issue any summons on our client and the fourteen (14) days given to the defendant (Biodun Fatoyinbo), within which to enter appearance to the writ of summons commences from the date of personal service of said suit on the person of Biodun Fatoyinbo and this certainly will be after the matter has been assigned to a judge.

“Thirdly, our client has not sought any monetary damages and/or compensation against Biodun Fatoyinbo in her reliefs. This is because our client’s reason for filing the civil suit against Biodun Fatoyinbo is, inter alia, for the court to make  pronouncements on her rights as well as Biodun’s liabilities and also, to help other victims of sexual, physical and emotional abuse gain the courage to confront their abusers, no matter how highly placed they may be."

“Importantly, the N10m quoted by the media is the cost of the action carried out by her lawyers, to wit, litigation fee.

“Finally, we would like to state that it is against the ethics of the legal profession to make statements on the substance of the matter that is still pending in court.

“In view of this, we cannot make statements on other important issues surrounding the action.”

Pastor Biodun Fatoyinbo Replies

According to a report by PM News, Senior Pastor, Commonwealth of Zion Assembly, COZA, Biodun Fatoyinbo has told photographer, Busola Dakolo to stop lying over the alleged rape allegation against him.

Responding to his summon by the Abuja High Court and Busola’s insistence that he defiled her, Fatoyinbo said “We have heard the latest report. We have not received any court document and if we do, we would respond accordingly because we have utmost respect for the law,” he said on his Instagram page."

“I normally would not respond to news. But will do so ONLY THIS TIME. Allow me to respond in Pidgin English. “stop lying up an dan" 

We will continue to keep a tab on this case as it progresses.