Popular celebrity photographer Busola Dakolo has vowed to appeal
the ruling of Justice O. A. Musa of the Federal Capital Territory
High Court in Abuja dismissing her rape allegation against Pastor
Biodun Fatoyinbo of Commonwealth of Zion Assembly (COZA).
Her lawyer, Pelumi Olajengbesi, declared this in a
statement.
He said: “We have received several calls after the ruling of the
high court of the Federal Capital Territory sitting at Bwari this
morning seeking our view on the decision of the court, hence, this
statement.
“The court ruled that the matter is statute-barred because the
events that crystallised to the cause of action took place 16 years
ago and that the claimant Mrs. Busola Dakolo has only six years
within which to seek redress in court in line with the statute of
limitation.
“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 has 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.”
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