Busola Dakolo, wife of Nigeria’s musician Timi Dakolo, has appealed to the FCT High Court in Abuja to disregard the Preliminary Objection filed against her case by Biodun Fatoyinbo, Founder and Senior Pastor, Commonwealth of Zion Assembly (COZA).
While making her plea in reaction to the preliminary objection by Mr Fatoyinbo, Mrs Dakolo stressed that her suit was initiated because of the continuous emotional injuries she had suffered as a result of the rape he committed.
She therefore asked that he (Fatoyinbo) should submit himself to court to ensure justice.
Mrs Dakolo took Mr Fatoyinbo to an FCT High Court for allegedly raping her on different occasions when she was a teenager about 20 years ago.
It would be recalled that the court in a writ of summons dated September 6 had ordered the pastor to appear before it within 14 days of the service or judgment may be given in his absence.
However, Pastor Biodun through his lawyer, Alex Izinyon, SAN, tried to discharge the suite by filing a preliminary objection dated September 20, saying that the case was filed out of time and the court can no longer hear the matter again.
Responding to Mr Fatoyinbo’s preliminary objection, Mrs Dakolo, through her Lawyer, 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 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.