COZA Rape Update; Busola Dakolo Demands Public Apology From Fatoyinbo, Names Pastor Mathew Ashimolowo As Witness In The Case

News went round yesterday that Busola Dakolo, who had accused Pastor Biodun Fatoyinbo of rape was demanding a public apology in news media from him. Mischief makers also added that she was demanding monetary compensation as well.

In an FCT High Court in a writ of summons obtained by the News Agency of Nigeria (NAN) dated Sept. 6 and served on Fatoyinbo, ordered the Pastor to appear before it within 14 days of the service or judgment may be given in his absence.

“You are hereby commanded that within fourteen (14) days after the service of this writ on you, inclusive of the day of such service you do cause an appearance to be entered for you, in an action of Mrs Busola Dakolo. “And And take notice that in default the claimant may proceed, and judgment may be given in your absence,” the summon read.

To set the records straight, Busola who had a face to face confrontation with Fatoyinbo in Force Headquarters in Abuja last week, has instructed her lawyers to make an official statement on her behalf.

Her lawyers did so and addressed all issues and concerns and mistruths in the story.

PRESS STATEMENT
We are counsel to Mrs. Busola Dakolo (hereinafter referred to as “Our Client”), on whose instruction we issue this press statement.
Following the mis-information being circulated in print and social media on the pending suit filed by Our Client, it has become imperative to address and clarify the true state of affairs.
The Nigeria Police Force (the Police) is still investigating the allegation of rape made by our Client against the person of Rev. Biodun Fatoyinbo. In furtherance of the Police investigation, the Suspect (Biodun Fatoyinbo) was confronted by the Complainant (Our Client) on the 5th day of September, 2019 at the Force Criminal Investigation Department (CID), Area 10, Abuja during an Investigation Conference presided over by Deputy Inspector General of Police (DIG) Mike Ogbizi. The Police therefore has not taken anyone to Court.
However, our Client, in furtherance of her civil rights, and in line with constitutional provisions, filed a civil suit against Rev. Biodun Fatoyinbo on the 6th of September, 2019. The civil suit is independent of the criminal allegations and/or investigation of the Police.
The suit has been the subject of several news headlines, albeit with a lot of mis-leading information. This missive is aimed at clarifying these mis-information and setting the records straight.
Firstly, Our Client filed the civil suit against Rev. Biodun Fatoyinbo on the 6th day of September, 2019, at the High Court of the Federal Capital Territory, Abuja, and not the Federal High Court, as widely reported. As at the time of filing the suit, the same was yet to be assigned to a judge for hearing.
Secondly, the Court did not issue any summons on our client and the fourteen (14) days given to the Defendant (Rev. Biodun Fatoyinbo), within which to enter appearance to the writ of summons commences from the date of personal service of said suit on the person of Rev. Biodun Fatoyinbo and this certainly will be after the matter has been assigned to a Judge.
Thirdly, our Client, has not sought for any monetary damages and/or compensation against Rev. Biodun Fatoyinbo in her reliefs. This is because our Client’s reason for filing the civil suit against Rev. Biodun Fatoyinbo, is inter-alia, for the court to make pronouncements on her rights as well as Rev. Biodun’s liabilities and also, to help other victims of sexual, physical and emotional abuse gain the courage to confront their abusers no matter how highly placed they may be.
Importantly, the N10 million naira quoted by the media is the cost of the action carried out by her lawyers, to wit, litigation fee.
Finally, we would like to state that it is against the ethics of the legal profession to make statements on the substance of the matter that is still pending in court. In view of this, we cannot make statements on other important issues surrounding the action.
Accept the assurances of our esteemed regard.
Thank you.
Signed:
Pelumi Olajengbesi Esq.
For: Pelumi Olajengbesi & Co., (Law Corridor)

Busola through her lawyer, Pelumi Olajengbesi & Co., is seeking the order of the court to compel Fatoyinbo to publish a clearly worded apology to Busola, on the front page of at least two (2) National Newspapers and two National Televisions, for seven days running consecutively.

Busola has also named Pastor Mathew Ashimolowo as a witness in her case. Though the clergy is yet to respond to this, even as the police has issued him a court summons as well.

Fatoyinbo’s camp is yet to respond to this latest controversy.

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