RAPE: Court dismisses Busola Dakolo's case against Biodun Fatoyinbo, says the case is empty; awards N1million costs against her

Biodun Fatoyinbo | Busola Dakolo

The High Court of the FCT sitting in Bwari, Abuja has roundly dismissed the case filed by popular photographer and mother of three, Busola Dakolo against the Senior Pastor of Commonwealth of Zion Assembly (COZA), Pastor Biodun Fatoyinbo.

According to reports by The Punch, Justice Oathman A. Musa, in giving the judgment, held that the matter amounts to injustice and an abuse of judicial process, adding that the case is empty and purely sentimental. Justice Musa said that the case was aimed more at cruelty than obtaining justice.

The court also awarded costs of N1,000,000 against Busola Dakolo and held that the fine should have been 10 times more because the court’s time was wasted.

Recall that Dakolo had publicly accused Fatoyinbo of raping her at her family's residence in Kwara state, Nigeria about 20 years ago. However, there is no publicly known material witness or evidence brought forward by her to support the allegation.

Fatoyinbo who was represented in court by his team of lawyers led by Dr. Alex Izinyon (SAN), had however argued that the prayers in the suit were ungrantable by the court, and that the suit was frivolous and an abuse of court process.

Reacting to the court judgment, spokesman for the Nigeria Police Force, Mr. Frank Mba says the police investigation into the rape allegation was still in progress.

According to reports by The Punch, Mr. Mba said that the court case was a civil one and therefore had no bearing on the Police probe.

Mba said the investigation would continue and the Police would charge Fatoyinbo if he is found culpable.

He said, “The position of the law in Nigeria, which is very clear, is that a criminal investigation and prosecution can run concurrently with a civil litigation.

“Failure in one does not foreclose the other. And so, we are going on with our own case and when we are done, we will keep Nigerians posted.”