I must appreciate the intelligent debate that has been put up here. I am impressed. Nothing more to add than for me to sit and enjoy the remaining part of the show.

Let's see in court.

Some of the above comments are very funny though

BlueRayDick:


Na Dem! And some of them even claim to be Christians.

Sometimes one is even forced to check the bible and see if Gullibility has been added to the fruits of the spirit because the way some of them even reason and react to maters ehn....

Honestly, I'm ashamed of many so-called Nigerian Christians.

Benekruku:
Long overdue!

Someone is going to jail.

Nah ur papa be judge?

You are a sound Lawyer.

3 gbosas for you.

Freehuman:




Attached to this comment are screenshots of The Nigerian Evidence Act, 2011.

Under the English common law received into Nigeria by the Supreme Court ordinance of 1914 and Interpretations Act in section 45, Bukola Dakolo would have no case because of the common law doctrine of Res gestae which rendered Criminal cases useless if the evidence was not contemporaneous in time and place.

The law is dynamic and evolves to serve situations like this, thus the enactment of the Nigerian Evidence Act which renders the rules of common law void when it is inconsistent with the provisions of the Evidence Act.

Section 4 of the Evidence Act, 2011, attached below provides to the effect that evidence which occurred at a different time and place related to the fact in issue is relevant and therefore admissible in court.

Thus, the provisions of that section when read in Pari materia with sections 5-10 of the Evidence Act, makes circumstantial and character evidence admissible in court.

This is not an American Legal movie where videos (documentary evidence as defined by section 258 of the Evidence Act) and forensic evidence are required. According to the acclaimed victims story, her brother went to make trouble at the residence of the alleged predator when he became aware and there was settlement. That very act and testimony of witnesses of that act and the terms of settlement after the victim's brother's action, at about that period is enough if corroborated as circumstantial and character evidence to prove the case.

[s]

bluecircle470:


Nah ur papa be judge?

[/s]

BlueRayDick:


Only a pedophile stands for a fellow pedophile. The joke is on you.

If I am a not a padophile? Your generations shall be raped by pedophiles. .

SmartyPants:


In legal terms, admissible does not mean sufficient. While relevance is the test of availability, it says nothing about the weight to be attached to evidence nor it's particular probative value. I put it to you that proper examination of said Evidence Act will reveal that allegations of rape require a higher standard of corroboration, even though it is not stated in those terms.

Note the following:

1. You cannot secure a conviction on character evidence. In fact, you cannot even build a case upon character evidence. See s. 82 EA

2. The res gestae in this case lacks probative value because:
a. There is no way to ascertain the truth of what was discussed between the brother and Mt Fatoyinbo.
b. The brother will legally be considered a tainted witness whose testimony will itself require corroboration.

To illustrate, the frailties of your case, defense counsel could simply argue that the accusations against his client were blackmail on the part of Ms. Bukola who then misled her brother and Mr. Fatoyinbo had no choice but to settle.

How do you reply as the prosecution? Remember that you must adduce evidence to establish any facts on which you seek to rely upon. S 131 EA

I quote section 82(1) and (2) of the Evidence Act, 2011 to address your first argument.

(1) Except as provided in this section, evidence of the fact that a defendant is of bad
character is inadmissible in criminal proceeding,
(2) The fact that a defendant is of bad character is admissible-
(a) when the bad character of the defendant is a fact in issue; or
(b) when the defendant has given evidence of his good character.

According to section 258 of the Evidence Act, a "fact in issue" includes any fact from which either by itself or in connection with other facts
the existence, non-existence , nature or extent of any right. liability or disability asserted or
denied in any suit or proceeding necessarily follows"

By section 82(2)(I) Cultism of the accused is therefore a fact in issue according to the definition of section 258 of the Evidence Act. The victim in her statement repeatedly mentioned that what subdued her was the fact that the accused had always claimed to be a cultist. It was what made her fear to speak up early after the incidence because she thought speaking up would put her family in grave danger because of the cultist character of the accused.
The accused has confessed to cultism on various occasions and repentance is not known to law, surrender to the state through the police force or other such agencies or amnesty by the government may absolve a former cultist of the crime.

By section 82(2)(II), Character evidence is not required to prove the rape itself, it is required to drive the point that the accused is of questionable character when he definitely gives evidence of good character by virtue of being a pastor.

However my emphasis was on circumstantial evidence and the provisions of the Evidence Act which makes it admissible.
The doctrine of Res Gestae is a common law doctrine and doesn't apply here. By virtue of the section 4 of the Evidence Act, evidence can be tendered and is relevant and admissible if the facts in issue occurred at a different place and time but according to the doctrine of Res Gestae, evidence has to be contemporaneous in time and place for it to be relevant and therefore admissible. The Evidence Act renders the doctrine void.
The statement of the victim is that the neighbours of the accused prevented violence and settlement was not done by two people alone. Independent witnesses may be called to tender oral evidence. If that oral evidence is admitted by the court the cross examination will take a wonderful turn.

"Did the brother of the victim approach you with a knife alongside the victim so as to be separated by the neighbours? " If he answers "No", it will constitute perjury , if he answers "yes" it will give rise to another question.

"What transaction then prompted the victims brother to approach you with a knife so that the neighbours prevented him from using the knife "


And regarding the issue of corroboration, I can't type much. I have attached images to this comment that may explain what happens in rape cases in recent times.

As a prosecution . I'll just tender circumstantial evidence which is the only evidence I'm likely to have and excel in fierce cross examination of the accused , the defense counsel counters it and the Judge delivers his judgement.
However ,My argument has never been whether the evidence has weight to secure a conviction against the accused, my argument is that there is circumstantial evidence available contrary to public opinion that there is no evidence. Whether it has weight or not is another issue and the sole discretion of the court .

Timi Dakolo has finally disgraced himself and family

too bad he is going to suffer it later because no one will respect him anymore

Funmmyastic:
Wow,gradually we are getting there.I will be very pleased if this is true.

you will be very pleased that she was raped? Nice.. Them done rape sense out of your brain too

Neddstark:


If I am a not a padophile? Your generations shall be raped by pedophiles. .

Just keep calm, Biodun has enough of his pedophile blokos to go round the female in your life.

BlueRayDick:


Just keep calm, Biodun has enough of his pedophile blokos to go round the female in your life.

How was your uncle's deek this morning. Cumdrinking arsehole

Benekruku:
Long overdue!

Someone is going to jail.

Which jail? Evidence that has healed n bore 3 children sef. Who will be the witness to the rape? They cant just convict him on what others think about him now. Witness has to be tied to incidence except its a biased judge

delugajackson:
This is the right thing to do. Not running around social media like a headless chicken.

rapist

1StopRudeness:


For a person that can construct good English...I’m highly disappointed you do not know the difference between being objective and being an apologist....

There’s no way there’s only one side to a story.. those u call apologist only want to know without any bias the other sides

Most Nairalanders were not being objective, most are rape apologists, hence the lot who kept saying "This one is normal" and kept saying someone was fighting the house of God. There are hundreds of apologists on Nairaland, and no, it wasn't about due process, they were blatantly supporting rape and saying "she enjoyed it" and the storu does not add up. Not one of them said "Fatoyinbo should sue for defamation if the allegations are false".....that is what a logical person, who wants to heae two sides would have said. Or do you think the court is only for one wronged party?

If Fatoyinbo felt wronged or unjustly accused, he should have also sued for defamation. That is what someone who calls themselves logical should have said, but most Nairalanders were busy fighting for Fatoyinbo and attacking the victim, puncturing holes in her story while none of them had a word to say of Fatoyinbo's watery defence

If you want to speak for yourself, do so, but I don't see why that comment should concern you if you aren't a rape apologist.

Majority of the people on NL are either rapists or rape apologists, logic is far from them

BlueRayDick:
Y'all rapist apologist littered all over nairaland finally got what you've been asking. Your guyman Biodun has been reported officially

Where is the evidence of rape? I don't support rape either, but you need collateral evidence to prove rape. and in this case, the lady stayed around the pastor for so long while still having some "fun sex". this can be interpreted as mutual coition in biological term!

Not all cases reported as rape is actually "RAPE" in the real sense of it. Virtually, over 90% of women who had sex before marriage can claim rape! No lady will just open cheaply for a guy to penetrate the first time she's having sex, even though she may need it badly. Men too, knew this fact that is why they often times push through!

Only a few exceptional case that a lady does not want sex that she is forced to accept it, in a situation when relationship has been established already. I'm not talking of sex by an utterly stranger o.

frankyychiji:
lie or not she's loosing the case. So she plans on telling the court that she was under a spell and that's why she didn't struggle with him? Laughable.

Why do u people keep sounding like illiterates, abeit u could actually be one.

That someone does not struggle or shout during sexx/rape does not mean a valid consent has been obtained.

Having carnal knowledge of a person without consent or forcefully obtained consent is called rape, whether the victim shouted/struggled or not.

A person under the age of 18 cannot give any valid consent to sexx because she is below the age of consent. Therefore if she/he willingly and freely offered himself/herself for sexx, such sexx is called statutory rape.

Biodun has never denied having carnal knowledge of Busola. He had simply claimed he never raped anyone (Every criminal would say that in the first instance). He has also agreed he knows Busola, but he has not graphically descibe the relationship that subsisted between them. There is a big question mark.

The new lady who narrated her ordeal yesterday mentioned that Biodun confessed to her that Busola was one of those girls frolicking around him in Ilorin and impliedly indicated that they had sexx, was never raped.

Many rape apologists and hired defenders of Biodun/COZA like you have also agreed that Biodun had/ could have sexx with Budola, but you kept arguing that it was consensual.

If the above is true, then the would be what was Busola's age when this happened? If truely she was sixteen as she claimed, then Biodun don buy market. He had committed statutory rape.

Biodun good have oratory prowess and he could be a good manipulator, but honestly he did not appear like an intelligent person to me, especially when subjected to pressure. The way he handled Ese Walter's case of 2013 gave him out as a dullard. His initial response to the current issues and other crisis management tactics deployed to discredit the victim corroborated my ompression of him. I see him flopping under intense cross-examination in the court of law. I am aware the Dakolos have engaged the services of Femi Falana on this matter.

Let's watch like bat as the event unfolds. #saynotorape. #notinmychurch. #donotbearapistapology

Anusiemgood:

What if it turn to be lies... your life will be shamed

Shamed kor,shamer ni,I don't know what is wrong with NL guys alway looking for ways to bash women.You said she should file a complaint and stop disturbing our peace which she did,yet you are not satisfied.Nonsense!

obentenyson:
you will be very pleased that she was raped? Nice.. Them done rape sense out of your brain too

Stop pouring your frustruations at me.Are you even a kid?She filed a complaint to back up her claims.Ish Ish

Innobee99:
Why can't u be pleased if this is a big lie?

So Pastor Totoyinbo is innocent?

But KEMI OLUNLOYO the unofficial spokesperson of COZA said that she has been crying for the last 48h

You ignorant emergency Lawyers just make me laugh;
You display your learning on internet??
Your practice is on Nairaland
Imagine talking about “statutory rape” is if there is such an offence under the Criminal Code.
“Statutory rape” is just a colloquialism for sexual misdemeanors in respect of sex with a lady above 13 but under 16yrs; it carries 2 years imprisonment but pay attention to the proviso:
1. Prosecution must be commenced within 2 MONTHS of commission of the offence;
2. There must be corroboration by another witness other than alleged victim who witnessed the unlawful carnal knowledge of the victim;
3. The fact that the accused believed the victim was above 16 years is a defence.
As for your other postulations, they are too laughable as to merit a comment.
I wish you people goodluck getting a conviction.
Mind you, standard of proof is beyond reasonable doubts and the onus of proof is on the prosecution. The accused (Biodun) does not have to say a word, give or call evidence; have you heard of NO CASE SUBMISSION??
Meanwhile, Parts 1-4 of Busola’s cock and bull story are already with Biodun’s Legal team as with most other people.
Most people who haven’t witnessed a Rape trial can’t imagine what fun it will be.
Take one instance: she will have to recount in specific detail how they had that doggy-style sex on the bonnet of Biodun’s car in the middle of the road after she had slept over in his house the previous night; EVERY DETAIL including how the di.k was slid into her pus..y; how she managed to balance on the bonnet (or was it passenger seat sef), etc, etc. There are no holds barred. A thousand eyeballs will be fixated on her as she recounts. I am sorry for her and Timi.
This will not be one sympathetic journalist friend grilling her but a hard-nosed litigator. I am sure Biodun’s lawyers are already warming up and rubbing their hands with glee and delight at having Busola at their mercy.
I laugh in Fulani.

buragidi:


Why do u people keep sounding like illiterates, abeit u could actually be one.

That someone does not struggle or shout during sexx/rape does not mean a valid consent has been obtained.

Having carnal knowledge of a person without consent or forcefully obtained consent is called rape, whether the victim shouted/struggled or not.

A person under the age of 18 cannot give any valid consent to sexx because she is below the age of consent. Therefore if she/he willingly and freely offered himself/herself for sexx, such sexx is called statutory rape.

Biodun has never denied having carnal knowledge of Busola. He had simply claimed he never raped anyone (Every criminal would say that in the first instance). He has also agreed he knows Busola, but he has not graphically descibe the relationship that subsisted between them. There is a big question mark.

The new lady who narrated her ordeal yesterday mentioned that Biodun confessed to her that Busola was one of those girls frolicking around him in Ilorin and impliedly indicated that they had sexx, was never raped.

Many rape apologists and hired defenders of Biodun/COZA like you have also agreed that Biodun had/ could have sexx with Budola, but you kept arguing that it was consensual.

If the above is true, then the would be what was Busola's age when this happened? If truely she was sixteen as she claimed, then Biodun don buy market. He had committed statutory rape.

Biodun good have oratory prowess and he could be a good manipulator, but honestly he did not appear like an intelligent person to me, especially when subjected to pressure. The way he handled Ese Walter's case of 2013 gave him out as a dullard. His initial response to the current issues and other crisis management tactics deployed to discredit the victim corroborated my ompression of him. I see him flopping under intense cross-examination in the court of law. I am aware the Dakolos have engaged the services of Femi Falana on this matter.

Let's watch like bat as the event unfolds. #saynotorape. #notinmychurch. #donotbearapistapology

BigND:
Rubbish;
It was consensual sex.
Busola will so regret this by the time she enters the witness box and her cock and bull story is torn to shreds by Criminal Attorneys.
Report ko, report ni.
Naija Police that can’t solve crime committed yesterday is the same you are reporting tall tale of 20 years ago.
You people ranting think that Court of Law is social media where you just turn up and say you were raped; no medical report, no police report, no witnesses and you get conviction.
I have ordered my popcorn;
Let the show begin.

Illitrate, minors don't have consesual sexx. Let that sink into your empty scull and rusty brain. When u sleep with a minor, u commit statutory rape, even when she willongly offered herself. #saynotorape #notinmychurch. #donotbearapistapologist.

Ishilove:

What exactly makes her a slut? I'm not holding forte for any party involved but I am genuinely interested in knowing why you are calling her a slut.

Dear, a woman who had 2 kids out of wedlock. A woman who in her teens already sleeping (or having an affair) with a pastor. A woman who her close friend accused of infidelity and questioned the paternity of her kids. Use your teeth and count your tongue, dear.


I'm not holding forte for any party too, but she should seek redress with the appropriate authorities and not on social media. The truth will prevail very soon

Ugosample:


so you think this is about "justice" alone?..lmao

What will happen? Even if Pastor Biodun is jailed, as you people think, COZA will still carry on.

I have already said it that ignorant emergency Lawyers proliferate the Internet.
Insults is their calling card.
Just quote the Section of the Criminal Code that creates an offence called “Statutory Rape” and we will start from there.
You just hear a term you don’t even understand and you start parroting it.
Imagine: 18years is the age of consent.
I laugh in Fulani

buragidi:


Illitrate, minors don't have consesual sexx. Let that sink into your empty scull and rusty brain. When u sleep with a minor, u commit statutory rape, even when she willongly offered herself. #saynotorape #notinmychurch. #donotbearapistapologist.

lonelydora:


What will happen? Even if Pastor Biodun is jailed, as you people think, COZA will still carry on.

the church is separate from his person

So if course the church will go on even IF he is screwed over

Ifa - to - yin- - obo

Ugosample:


the church is separate from his person

So if course the church will go on even IF he is screwed over

Not necessarily. One of the things that may come out is the coverups and enablement. There is no way the leadership of the church were not aware of all of these things. They may have decided to give the guy a pass as he was their star pastor.

lamidebaby:
by now you should understand that any woman that doesn't fit into the typical Nigerian male's narrative of a docile, sheepish, laid back female automatically becomes a "slut". once you know your rights and won't cow, once you prove your mettle, can stand up to them in whatever terrain or turf you become a "slut". it's pathetic.
i've yet to see what exactly in this whole season movie qualifies her to be termed as such. she claims to have been abused. she squeals. now she's headed to the courts. where does that terminology fit in?

Really pathetic. It is nauseating that some Nigerian males still have this kind of satanic mindset.

laudate:


He said it didn't happen....and that is what every suspect or every criminal says, when their crimes are first revealed.

Go to any police station. Even when anybody is arrested for committing a crime, they will first of all deny it, until evidence is produced. So Fatoyinbo's denial is nothing but a watery excuse.

He never addressed the specific details the girl mentioned. Neither did he provide any alibi for the days and events that she stated.

Yes, it had been many years since the incident took place. So any evidence from that time would be non-existent by now. But Bill Cosby in the US was sentenced in 2018 for sexually assaulting women in 2004. Which forensic evidence was used to convict him?

I do not expect that Fatoyinbo will be convicted, but I do expect that the whole truth will be revealed in court, and everyone will see that Fatoyinbo is lying, from whatever stories he decides to share on the witness stand, when he is cross-examined.

Provide who with an alibi? Social media? You and your friends? You’re not important at all. He doesn’t have to say anything to anybody that is not the police or the judge.
You just want something to talk about in your gossip and your court session with your friends.

How would you say you do not expect him to be convicted but you say you expect everyone to see he is lying, you know how stu.pid you sound?
If he’s guilty and lying then he will be convicted, if he’s not then he can walk free like every other Nigerian.
Think again if it’s really justice you want and stay neutral, you don’t know anything yet, you just heard stories.

The alleged rape took place in Ilorin, Kwara State.

It will be decided by the courts in Kwara State under the laws of Kwara State.

ornicus:


In addition to that, the power most rapists hold over their victims is shame. By coming out, she has taken that from him. Also, she has made certain that EVERYTHING is in the public space. No opportunity for pastor to engage some police to kill the case.

The case will be prosecuted in lagos, a very progressive state that has aggressively pushed for female protections.

I also suspect that there is a lot more information eg old medical reports that will come out.

oyatz:
The alleged rape took place in Ilorin, Kwara State.

It will be decided by the courts in Kwara State under the laws of Kwara State.

Hmmm.