Celebrity photographer, Busola Dakolo, says she will appeal the ruling of Justice Oathman Musa of a High Court of the FCT at Bwari, Abuja which dismissed her rape suit against the senior pastor of the Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo.
Justice Musa, ruling on Thursday, said the matter amounted to injustice and an abuse of judicial process as the case was empty and purely sentimental, adding that the suit was aimed more at cruelty than obtaining justice.
The court also awarded costs of N1 million against Busola, wife of singer, Timi Dakolo, adding that the fine should have been 10 times more because the court’s time was wasted.
However, in a statement by her lawyers, Mrs Dakolo, wife of singer, Timi Dakolo, said she would appeal to a higher court.
“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,” the 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.”