The Senior Pastor, Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, has asked a High Court of the Federal Capital Territory (FCT) to dismiss the alleged rape suit filed against him by wife of celebrity musician, Busola Dakolo.
While describing the suit as frivolous and statute barred, Fatoyinbo said the legal action hinged on a mere purported allegation of emotional and psychological distress derived from an accusation of rape against him.
The pastor’s position is contained in notice of preliminary objection filed by his counsel, Dr. Alex Izinyon (SAN). In the said document dated September 20, Fatoyinbo urged the court to decline its jurisdiction, as the reliefs contained therein cannot be granted.
Besides, Dr. Izinyon said the court lacks the jurisdiction to entertain the suit adding that it is frivolous and a palpable abuse of court process.
An affidavit deposed to, by Executive Senior Assistant to Pastor Fatoyinbo, Ademola Adetuberu, said the substratum of the claimant’s suit is the mere purported allegation of emotional and psychological distress as a result of the said purported mere allegation of rape against the defendant.
He further said in the affidavit that the said allegation of rape is still a subject of investigation by the police. To the defendant in the main suit, the reliefs sought in this instant are not grantable and incompetent.