“The claims carry more of cruelty in them than justice. There are no new facts resurrecting the broken chain of causation in the instant action whereas in this case, the claimant ought to demonstrate the reason why the action was not filed for over 16 years.
“This, she ought to have done, by claiming, for instance, due to DNA evidence, they have been able to discover new facts that were allegedly not available and tie the said DNA to the defendant. This is not the case in the instant action.”
These are parts of the words of Justice Othman Musa in throwing out the rape case that Busla, wife of popular musician, Simi Dakolo, instituted against Pastor Biodun Fatoyinbo of the Commonwealth of Zion Assembly, Abiodun Fatoyinbo (COZA).
The judge’s statement, as contained in the true certified copy thus emphasises gap in time and the need for a fresh evidence before raising such a claim as Busola’s saying Fatoyinbo raped him 16 years ago.
The High Court of the Federal Capital Territory sitting in Bwari, Abuja had, on Thursday, dismissed the case, while also asking Dakolo’s lawyer, Pelumi Olajengbesi, to pay the sum of N1m personally as a fine.
It was initially erroneously widely reported that Busola was to pay the amount.
“What is left in the suit is sentiment and the case is soaked in emotions and ferried into the court by the claimant (Dakolo) riding on the thick clouds of burgeoning sentiments,” the judge added.
“No matter how one views the claim, having compassion, that an issue such as rape is pleaded herein, it is my view that notwithstanding the statute of limitation, it will occasion a grave miscarriage of justice to ask the defendant to defend an action that is well over 16 years.
“It is for all the reasons I advanced herein before, that I declare this action a vehicle of injustice, judicial intimidation and thorough abuse of judicial process carrying in it an overload of dormant claim and injustice, it must and is hereby dismissed. I hereby award the cost of one million naira (N1, 000, 000) against the claimant’s client personally.”
