Busola Dakolo, wife of music star, Timi Dakolo, has dared Pastor Biodun Fatoyinbo, Founder and Senior Pastor, Commonwealth of Zion Assembly (COZA) to submit himself to court.
NAN on Tuesday reported that this was contained in her response to the preliminary objection by Fatoyinbo.
Dakolo insisted that she sued the pastor because of the continuous emotional injuries she had suffered as a result of the alleged rape and urged the FCT High Court in Abuja to discountenance the objection.
Dakolo had dragged Fatoyinbo to an FCT High Court for allegedly raping her on different occasions when she was a teenager about 20 years ago.
The court in a writ of summons dated Sept. 6 had ordered the Pastor to appear before it within 14 days of the service or judgment may be given in his absence.
However, the Pastor through his lawyer Mr Alex Izinyon, SAN, tried to discharge the suite by filing a preliminary objection dated Sept. 20, saying that the case was filed out of time and the court can no long hear the matter.
Responding to Fatoyinbo’s preliminary objection, Busola Dakolo through her Lawyer Mr Pelumi Olajengbesi, argued that the action was not statute-barred (filed out of time) and that it is predicated on continuous injury which is an exception to the Statute of Limitation.
She noted that the argument that her suit was filed out of time was misconceived and an attempt to hoodwink the court from the main issue and evade justice.
“My cause of action is predicated on a continuing injury which I have continued to suffer over a long period of time,” she said.
Busola Dakolo urged the court to discountenance Pastor Fatoyinbo’s Preliminary Objection to the case and asked that he submit himself to court to ensure justice.
She prayed the Court not to allow the defendant run away from justice by hiding under the cloak of statute of limitation, noting that emotional distress is a tort that cannot be quantified by time.
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