Busola Dakolo has vowed to appeal the ruling of the Federal Capital Territory (FCT) High Court in favour of Pastor Biodun Fatoyinbo of Commonwealth of Zion Assembly over alleged rape.
While delivering his judgement on Thursday, Justice Oathman Musa dismissed the case, ruling that the matter amounted to injustice and an abuse of judicial process. He added that the case was empty and purely sentimental and that the case was aimed more at cruelty than obtaining justice.
He also awarded a cost of N1m against Mrs. Dakolo.
Reacting to the court ruling through her lawyer, Pelumi Olajengbesi, Busola, in a statement, stated that she was opposed to the ruling and would file an appeal.
While Busola acknowledged the ruling of the court, she expressed confidence that the court’s decision was not final.
She said, “We have received several calls after the ruling of the high court of the Federal Capital Territory sitting at Bwari this morning seeking our view on the decision of the court, hence, this statement.
“The court ruled that the matter is statute-barred because the events that crystallised to the cause of action took place 16 years ago and that the claimant, Mrs. Busola Dakolo has only six years within which to seek redress in court in line with the statute of limitation.
“We are mindful of the decision as delivered by the court, presided over by the Hon. Justice A.O Musa. We are equally observant of the fact that the Court omitted to address the cause of action, the subject matter of the suit in determining whether it has jurisdiction to entertain the said matter.
“While we acknowledge the time of the court, we know in accordance with the Nigerian judicial system that the Court’s decision is not final as it is glaringly contestable.
“For all intent and purposes, having seen several sponsored misleading news reports in the media, we are duty-bound to state that the court has not and did not exonerate Biodun Fatoyinbo. As it stands, the substance of the matter has not received any judicial attention.
“Biodun Fatoyinbo through his lawyers has only argued that the court should not allow the matter to proceed to trial because it is an event that occurred long ago and hence out of time.
“We shall therefore in this circumstance approach a superior court to intervene for a better appreciation, and take a more expansive view of the suit considering that the subject matter is one that is novel in our clime.”
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