Thread by @segalink

In the wake of the rape at the court, even after the case file was admitted to have been lost on two occasions, reputable organization have started expressing their condemnation of the obvious reinforcement of the rape culture in our society. Read this:

“We at Gender Mobile have taken cognisance of the decision of the High Court of the Federal Capital Territory which sat in Bwari on Busola Dakolo's case against Pastor Biodun Fatoyinbo and we condemn in strong terms the totality of the court’s decision.

The court's refusal to assume jurisdiction on the matter is a monumental concern to the future of our judiciary. Further to this is the award of 1million naira against Busola which is a decision capable of institutionalizing the culture of silence.

We opine that in a matter of a tort of Intentional Infliction of Emotional Distress- which is indeed a continuous tort by nature & thus an exception to the limitation law, the court’s decision that the matter is out of time does not serve the interest of justice ...

...and poorly reflects the spirit of the law in this matter.

We expected the court to set in motion a proper adjudicatory process by inviting parties to testify on oath to lead a proper trial aimed at delivering justice in line with its constitutional mandate.

We are also worried and surprised that Fatoyinbo preferred to rather hide under the claim that the matter happened long ago thus failing or refusing to avail himself the opportunity to defend himself once and for all before the court.

His objection that the action is out of time in itself does not attempt to deny the allegation levied against him but rather evades it.

Questions are arising, the court is not willing to seek answers to this questions but they cannot be wished away.

We advise Biodun FATOYINBO not to rejoice as he has not been vindicated yet by the court.

We further advise him to submit himself to a proper trial in court if he is truly convinced of his innocence rather than hide behind technicalities to avoid answering to the substantive claim against him.

For justice to prevail for the sake of the parties involved and the watching world, the real issue of what transpired between Mr. Biodun Fatoyinbo and the claimant, Mrs. Busola Dakolo, must be allowed to have its full day in court.

Anything short of this is legal dressing and an implicit admission of guilt on the pastor’s part.”

Omowumi Ogunrotimi,
Executive Director,
Gender Mobile Initiative.
gendermobile.org

On @SIAF_NG’s side we will continue to push for Justice, Equity and Fairness by appealing the unconscionable and ludicrous cost awarded. Heaven knows what the Judge is afraid of. #EndRapeCulture #GBV #SGBV

CENTRE FOR HUMAN RIGHTS & GOOD GOVERNANCE (CHRG)

“The above-named group, a pan-African initiative for collaborative efforts in the entrenchment of human & people’s rights, good governance and the promotion of civic rights and responsibilities have deemed it appropriate to react

...to a municipal ruling in the case of Busola Dakolo v. Biodun Fatoyinbo.

We have taken the following positions having consulted our group of lawyers within and without Nigeria on the recent ruling of the court in line with what best represents a semblance of justice thence.

1.That the learned judge, and thus the court, erred by failing to entertain the substantive suit on claims of its action being statue barred.

2.That the court indeed failed to show sound legal reasoning for its disposition to the suit as a claim for a continuous injurious can not be overtaken by time.

3.That the duty of a court is not to award justice on technicalities but to see that justice is done to the substantive suit always. Rules of courts were made to ease the proceedings of court and not bar the attainment of justice.

4. The Busola Dakolo case affords the 🇳🇬 courts an opportunity to set a judicial precedent on continuous injuries which is an unravelling tort already enjoying judicial pronouncements in advanced legal systems- an opportunity seemingly missed but that may enjoy review on appeal.

Consequent on the foregoing, we extend our best wishes to the Mrs. Busola Dakolo and commend her courage and resilience having to face off against a clearly odious legal system.

Mrs. Busola Dakolo represents the new crop of women finding not just their voice but setting a new standard in our socio-cultural set-up as a nation. Her boldness is admirable and thus commendable.

While we hold no brief on her behalf, we encourage her to hold on to her conviction and faith in the legal system as this is clearly one ruling away from eventual judicial justice on this matter.

In the same vein, we enjoin the defendants to embody the nobility of his calling and take this judicial opportunity to silence his critics by answering to the substantive suit against him rather than seeking pyrrhic victories in court technicalities.

We take this opportunity to call on the Nigeria Police Force to make public its findings on the investigations undertaken in the Busola Dakolo matter. Unfolding legal drama makes their report expedient in the interest of equity and justice.

The courts are also admonished not to stay the hands of justice on account of clout or patronage. Justice and public interest must sway its rulings accordingly as its actions would go a long way to encourage other victims of sexual abuse to seek judicial review of their ordeals.

We will continue to understudy the unfolding intrigues in this matter with a view to calling public attention to the inherent flaws in it, while commending those court actions that are in tune with justice.”

Thank you.

Signed-
Odey Patrick, Esq.,
Regional Director,