The Senior Pastor and Founder of the Commonwealth of Zion Assembly
(COZA), Biodun Fatoyinbo, says he has no business interfacing with
Busola Dakolo in the law court over the allegation of rape levelled
against him because the lawsuit was “filed out of time”.
An FCT high court in a writ of summons obtained on September 9 dated September 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.
But Fatoyinbo through his lawyer Alex Izinyon in a preliminary
objection dated September 20, said the case was filed out of time.
“The claimant’s suit is statute-barred therefore this honourable court
lacks the jurisdiction to entertain same; the suit is frivolous and
palpable abuse of court process.
“The suit has no cause of action for this Honourable Court to
adjudicate upon; the reliefs sought in this instant suit cannot be
granted, therefore this suit is incompetent,” Fatoyinbo said.
He, therefore, demanded to be awarded the cost of N50 million jointly
and severally against Busola and her solicitor, while requesting the
court dismiss the suit for abuse of judicial process.
Meanwhile, Pelumi Olajengbesi, lead counsel to Dakolo, when contacted
to react on the preliminary objection filed by Fatoyinbo, declined to
comment on the matter.
Fatoyinbo had also boycotted the panel set up by the Pentecostal
Fellowship of Nigeria (PFN) to investigate the rape allegation against
him, claiming that he was advised by his lawyers not to appear.