Busola Dakolo has announced that she will be appealing against the ruling of the Abuja High Court that dismissed her suit against Biodun Fatoyinbo of the Commonwealth of Zion Assembly, (COZA).
Dakolo had approached the Federal High Court in Abuja, accusing Fatoyinbo of rape, adding that the alleged action of the pastor, as well as his denial in a statement adversely, affected her marital sex life.
She prayed the court to compel him to issue “a personal letter of apology” to show honest remorse for his misdeeds.
But Fatoyinbo through his lawyer, Alex Iziyon (SAN), denied the allegation describing it as frivolous.
Ruling on the matter on Thursday, Justice Oathman Musa held that the matter is statute-barred because the events that crystallised to the cause of action took place 16 years ago.
Reacting to the courts judgement, Dakolo’s lawyer, Pelumi Olajengbesi, in a statement said; “We are mindful of the decision as delivered by the court, presided over by the Hon. Justice A.O Musa. We are equally observant of the fact that the Court omitted to address the cause of action, the subject matter of the suit in determining whether it has jurisdiction to entertain the said matter.
“While we acknowledge the time of the court, we know in accordance with the Nigerian judicial system that the Court’s decision is not final as it is glaringly contestable.
“For all intent and purposes, having seen several sponsored misleading news reports in the media, we are duty-bound to state that the court has not and did not exonerate Biodun Fatoyinbo. As it stands, the substance of the matter has not received any judicial attention.
“Biodun Fatoyinbo through his lawyers have only 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.
“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.”