The Senior Pastor of Commonwealth of Zion Assembly, Biodun Fatoyinbo, wants a Federal Capital Territory High Court, Bwari, Abuja, to dismiss the rape suit filed against him by Busola Dakolo.
Busola, wife of celebrity musician, Timi Dakolo,in the suit claims that Fatoyinbo raped her in 2002 when she was 17 years old.
The pastor said in the counter-claim filed on his behalf by Dr. Alex Iziyon (SAN) branded Busola’s suit as frivolous and stature-barred.
Besides, he said the reliefs sought by the petitioner were not grantable.
In a 14-point affidavit in support of Fatoyinbo’s counter-suit,his Executive Senior Assistant, Ademola Adetuberu, said he was “aware that the claimant made an allegation of rape and emotional distress before the Nigeria Police Force against the defendant which is still a subject of investigation.”
According to the deponent, Mrs Dakolo and her lawyer after filing the suit, leaked the documents to both electronic and print media organizations, with the story widely shared on the internet “to embarrass and scandalize the defendant”.
Fatoyinbo prayed the court to award him N50m jointly and severally against the claimant and her solicitor.
In the Writ of Summons filed on September 6,Busola alleged that the COZA pastor raped her on September 23, 2002.
She said Fatoyinbo forcefully pushed her until she fell on the couch close to the front door of her house after which he pinned her to the couch, undressed her, “caressing her body, fondling her breasts, exposing his genitals to her glare, forcing a bottle of soda (Krest) down her throat, thereby making her breathing difficult, all the while covering her mouth to muffle her screams, and thereafter threatened her life”.
She also alleged that the defendant sexually abused her again on September 26, 2002.
She urged the court to declare that Pastor Fatoyinbo’s action was outrageous and reckless and has caused her continuous emotional distress.
She asked the court to award her N10million as damages