Senior pastor of the Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, has asked the FCT High Court to dismiss the suit filed by photographer, Busola Dakolo, accusing him of raping her when she was 17 years old.
In his preliminary objection, which he filed against the suit on Friday, Fatoyinbo told the court that the prayers contained in the case were “ungrantable”.
The application which was filed through his lawyers, demanded an award of N50 million as damages and that the suit be dismissed on the grounds that it was incompetent and frivolous.
The pastor described the suit as being statute-barred, having not been filed within three years of the occurrence of the event complained about, urging the court to dismiss the suit without the need to hear its substance.
His team of lawyers led by Dr. Alex Izinyon (SAN) maintained that the suit could not be pursued, while her allegation of rape against the cleric and her claim that the pastor caused her emotional distress remained a subject of police investigation.
Also, he accused the plaintiff of an attempt to scandalise and embarrass him by going to the press about the suit before even serving it on him.
Fatoyinbo’s suit is coming about two weeks after Mrs Dakolo had demanded that the pastor apologise for allegedly defiling her.
In a writ filed on her behalf by her lawyer, Pelumi Olajengbesi and Co of Law Corridor, she demanded that Pastor Fatoyinbo pen a clearly worded apology on the front page of at least two national newspapers and two national television stations for seven days running consecutively.
She also demanded that the COZA pastor address a “personal apology letter” showing honest remorse for his misdeed.
Mrs Dakolo further demanded that a cost of action estimated at the sum of N10m be paid.