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The Senior Pastor of Commonwealth of Zion Assembly, Biodun Fatoyinbo, has asked the Federal High Court sitting in Abuja to dismiss the case instituted against him, saying that its a mere abuse of court processes.
In his preliminary objection he filed against the suit on September 20, 2019, Fatoyinbo told the High Court of the Federal Capital Territory in Abuja where the suit was instituted that the prayers contained in the case should not be granted.
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Apart from seeking the dismissal of Busola’s suit, Fatoyinbo asked the court to award the cost of N50m against her and her solicitor.
Describing the suit as being statute barred, having not been filed within three years of the occurrence of the event complained about, Fatoyinbo urged the court to dismiss it without hearing its substance.
He said the prayers in the suit are not “grantable” by the court, adding that the suit was frivolous and a palpable abuse of court process.
His team of lawyers led by Dr Alex Izinyon (SAN), said the suit could not be pursued while Busola’s rape allegation against his client and her claim that the pastor caused her emotional distress remained the subject of police investigation.
Fatoyinbo also accused the plaintiff of attempting to scandalise and embarrass him by going to the press about the suit before even serving it on him.
The Executive Senior Assistant to Fatoyinbo, Ademola Adetuberu, deposed to the affidavit filed in support of the suit.
The supporting affidavit read in part, “That I am aware that the claimant made an allegation of rape and emotional distress before the Nigeria Police Force against the defendant which is still the subject of investigation.
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“That I am also aware that the same claimant also filed this suit claiming psychological and emotional distress inflicted on the claimant by the defendant as a result of the said rape allegation levelled against the defendant.
“That the reliefs sought in this instant suit are not grantable and same incompetent.
