Submit yourself to court for justice sake, Busola Dakolo, wife of Nigeria’s inspirational singer, Timi Dakolo, has told Pastor Biodun Fatoyinbo, Founder and Senior Pastor, Commonwealth of Zion Assembly (COZA).
This is as she urged the FCT High Court in Abuja to discountenance the Preliminary Objection filed against her case by Fatoyinbo.
Busola Dakolo made the plea while responding to the preliminary objection by Fatoyinbo insisting that she sued the pastor because of the continuous emotional injuries she had suffered as a result of the rape he committed.
News Agency of Nigeria, NAN, reports that Mrs Dakolo dragged Fatoyinbo to an FCT High Court for allegedly raping her on different occasions when she was a teenager about 20 years ago.
Dakolo in her suite claimed that the incident had continued to hunt and traumatize her and as such required justice to be discharged through the law court.
The court in a writ of summons dated September 6 had ordered the pastor to appear before it within 14 days of the service or judgment may be given in his absence.
However, the pastor through his lawyer, Mr Alex Izinyon, SAN, tried to discharge the suit by filing a preliminary objection dated September 20, saying that the case was filed out of time and the court could no long hear the matter again.
Responding to Fatoyinbo’s preliminary objection, Busola Dakolo through her lawyer, Mr Pelumi Olajengbesi, argued that the action was not statute-barred (filed out of time) and that it was predicated on continuous injury which was an exception to the Statute of Limitation.
She noted that the argument that her suit was filed out of time was misconceived and an attempt to hoodwink the court from the main issue and evade justice.
“My cause of action is predicated on a continuing injury which I have continued to suffer over a long period of time,” she said.
Busola Dakolo urged the court to discountenance Pastor Fatoyinbo’s Preliminary Objection to the case and asked that he submit himself to court to ensure justice.
She prayed the court not to allow the defendant run away from justice by hiding under the cloak of statute of limitation, noting that emotional distress was a tort that could not be quantified by time.
