Celebrity photographer, Busola Dakola, has been fined N1 million by a High Court of the Federal Capital Territory, Bwari, for wasting the time of the court.
The court fined Busola, wife of musician, Timi Dakola, while ruling in a case she brought against the Senior Pastor of the Commonwealth of Zion Assembly (COZA), Abiodun Fatoyinbo, over a rape case that allegedly happened 20 years ago.
Mrs. Dakolo, in the suit she filed in September, had accused Fatoyinbo of rape, saying that the alleged action of the pastor, as well as his denial in a statement adversely affected her marital sex life.
She demanded a personal letter of apology from the cleric to show honest remorse for his misdeeds.
Alex Iziyon, Fatoyinbo’s lawyer, however, argued that the prayer could not be granted and described it as a frivolous suit.
While delivering his judgement, Justice Oathman Musa, who dismissed the case, held that the matter amounts to injustice and an abuse of judicial process.
The judge added that the case is empty and purely sentimental and that the case was aimed more at cruelty than obtaining justice.
In a awarding the cost of N1m against Mrs. Dakolo, Justice Musa held that the fine should have been 10 times more because the court’s time was wasted.
In her suit, filed on her behalf by her lawyer, Pelumi Olajengbesi and Co of Law corridor, Mrs. Dakolo prayed the court to declare that Fatoyinbo’s denial of his alleged acts contained jointly and/or severally through a press statement he released on June 28, 2019, had caused her continuous emotional distress and amounted to intentional infliction of emotional distress on her.
Olajengbesi said: “The claimant avers that she was immediately terrified and in shock while the defendant pinned her down on the couch following which he caressed her body, fondled her breasts, pulled her pants, quickly half-pulled his trousers and ordered her to allow him to have his way with her.
“The claimant avers that the defendant in the process used his hand to cover her mouth, thereby muffling her screams. The claimant avers that the defendant made efforts to penetrate her vagina, whilst she struggled to fight him off; however, the defendant overpowered her and penetrated her vagina and had sexual intercourse with her.
“The claimant avers that while she was in shock of the incident which had rendered her befuddled and mortified, the defendant rushed out of the living room area of her family home and briefly returned with a bottle of soda (Krest) which he forced down her throat thereby making her breathing difficult.”
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