Why court favoured Pastor Fatoyinbo over Timi Dakolo’s wife
On Thursday, November 14, a Federal High Court in Abuja has given a judgment in the rape case between Timi Dakolo’s wife, Busola and COZA pastor, Biodun Fatoyinbo.
Here’s an explainer on exactly how the court interpreted the case and why Busola is filing for an appeal.
The Court
The High Court of the Federal Capital Territory in Bwari, Abuja was where it all went down on Thursday, November 14. The court is to determine if the case is to proceed to trial.
The Judge
The court proceeding in the case between Busola Dakolo and Biodun Fatoyinbo was presided over by Hon. Justice A.O Musa.
Court’s ruling
The Court ruled that the matter is statute-barred because the events that crystallized to form the cause of action took place 16 years ago and that the Claimant, Mrs. Busola Dakolo, has only 6 years within which to seek redress in court in line with the statute of limitation. The ruling was delivered by Justice Musa.
What ‘Statute Barred’ means
A statute of limitations is a time limit in which a person has to file a claim. If the time limit expires, the individual who wishes to bring forth a claim is barred from doing so. In a criminal context, a statute of limitations is the time limit in which the prosecutor must file charges. In some jurisdictions, the statute begins to run from the date of the offense or discovery of the offense. In other jurisdictions, the statute starts to run after the victim reports the crime to authorities.
Fatoyinbo lawyers stand
Biodun Fatoyinbo, through his lawyers, 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.
Busola’s lawyers to contest the ruling
Pelumi Olajengbesi chambers, the lawyers of Busola Dakolo are not backing down as they are insisting on contesting the ruling of the court saying it is under the Nigerian Judicial system that the Court’s decision is not final. “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,” the lawyers said in a statement.
In August 2019, Timi Dakolo’s wife, Busola alleged that COZA pastor, Biodun Fatoyinbo had raped her in her home 16 years ago. Reacting to the claims, the pastor denied the allegations saying Busola is spreading false accusations against him to the public. The outrage sees both parties seeking redress in court after filing petitions to the Inspector General of Police.
The ruling by Justice A.O Musa of the Federal High Court sitting in Bwari Abuja favoured Fatoyinbo whose lawyers claimed that Busola failed to seek redress in court on the rape allegations 6 years after the incident.