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There is no evidence that it happened- women have been known to lie about rape... and if the sex did happen, you cannot confirm her age when it happened for it to fall under "statutory rape".

Okay so I just read the writ and the law suit is based on the 2002 rape not on the recent events. I am baffled, civil cases usually have a stat of limitation, it doesn’t seem like a viable law suit. Anyways, I guess we would’ve to wait and see if it gets tossed out because it has no legal bases.

The judge will only toss out the case if it’s a frivolous law suit not because there is no verdict in the criminal case but the judge can freeze the civil proceedings.

niaralandtopuser:

the judge will either strike out the case or adjourn till there is a judgement on the pending criminal case

It depends on the payment agreement between she and her lawyer. Some lawyers take on a law suit and agree to be paid when they get a favorable judgment.

atonement12:
...and if she looses the civil suit, who carries the burden of the lawyers 10 million naira fee?

babyfaceafrica:
same same,you are broke!!..if you are serious,you will pay to see the accused jailed!!!.. why do you want him to pay for legal/litigation fees?

Do you know the difference between a civil vs a criminal case?

Do you know that, no body goes to jail or prison in a civil matter, unless when they defies a court order emanating from the case?

Do you know that, the criminal case as stated above is still on-going and being handled separately by the police?

That said, I think the timing of the civil suit is very poor and unprofessional. Civil suits are usually filed after the criminal case is over, even if the accused is found not guilty in the criminal case...since civil cases have a lower threshold to proof guilt.

MobilityExpress:


It is common practice in the court system that an accused if found guilty can be made to pay litigation fees the accuser spent to execute the case in court. Nawa to you oo

Oga lawyer..... so how does this work exactly from what u said...if found guilty, that means the court/law will make the guilty pay??
But he’s not yet guilty, is it now she’s supposed to ask for the money....is she saying as the matter is going he should be the one to finance both legal expenses.??. cos I don’t understand....I don’t think they’ve even had any court hearing sefff

greggng:



Lack of comprehension is the problem of most people in this country including you. She is pursuing two cases against this man ...the main case all of you are waiting for his a criminal case of rape....while the other is a civil case ....read very well. ....she doesn't need police permission to institute a civil case against the pastor

What's the basis for the cause of action and when did the cause of action arose and became actionable?
By the way, is the action not Statute barred assuming she has a genuine cause of action?

The emotional stress bullcrap is predicted on an alleged rape that has not been substantiated, how can she then prove her ancillary claims if the principal claim or if you wish , the arrowhead of her claim is dead?

Can you build something on nothing and expect it to stand?

But she will definitely need a dozen of medical experts and behavioural psychologist to prove her claims and the standard is quite an impossibility.

Ponder on that, as there are no cold hard evidence at this time, just stories and what happened, did happen, could have happened or didn't happen. These calls for speculations and drawing conjectures. The court is forbidden from embarking on a voyage of speculations or making conjectures.

To me, this is a face saving action that is nearly impossible to prove. Save the criminal allegation of rape suceeds. A smart lawyer will eat her alive on the stand, except perhaps it was arranged in such a way as to force or perhaps there is an arranged out of court settlement.

I say no more.

You're sueing me to the court at the same time demanding the cost of litigation from me.....you can finished the rest action

Mutemenot:
Cases with evidence never win e come be theory that we can't even confirm from any source.

Is the Krest he gave her to drink not enough evidence? Na wao for you self.

Mutemenot:
Cases with evidence never win e come be theory that we can't even confirm from any source.

Most especially from Bukky.

@liberalchick will like your response, your clarifications is void of emotions but predicate on how our legal system work this I appreciate.
How can the court measure trauma suffered 19years ago when no clinical documentation is present.
In your opinion, what are the likely chances of this suit sailing through? Would it have been better to exploit the out of court settlement? Knowing fully well that the police might not press charges

A lot of comments borne out of ignorance and the inability of people to read and comprehend before writing silly comments.

Busola filed a civil complaint. A civil complaint can be filed even though the case is still under investigation. The police can then file a criminal charge against him if they feel has a case to answer.

It can happen that he is found not guilty in the criminal charge but guilty in the civil case. In criminal charges, punishment would be Jail term, fines or even death penalty while civil cases only end with payment of damages by the guilty party. In this circumstance Busola has asked for an apology and for the man to pay the legal costs. Perfectly normal!

It can happen that Biodun wins the criminal case but loses the civil case. This happened with OJ Simpson, he was never found guilty of murder but he lost the civil case and paid damages to the family.

Na from the small law when I do for 500 level engineering that i Dey write o.

MobilityExpress:


It is common practice in the court system that an accused if found guilty can be made to pay litigation fees the accuser spent to execute the case in court. Nawa to you oo

Don't mind these clowns forming at the mouth. Simple research into litigation processes and practices they cannot do, but they can come online to proudly display their ignorance.

Enyimbamercedes:
A lot of comments borne out of ignorance and the inability of people to read and comprehend before writing silly comments.

Busola filed a civil complaint. A civil complaint can be filed even though the case is still under investigation. The police can then file a criminal charge against him if they feel has a case to answer.

It can happen that he is found not guilty in the criminal charge but guilty in the civil case. In criminal charges, punishment would be Jail term, fines or even death penalty while civil cases only end with payment of damages by the guilty party. In this circumstance Busola has asked for an apology and for the man to pay the legal costs. Perfectly normal!

It can happen that Biodun wins the criminal case but loses the civil case. This happened with OJ Simpson, he was never found guilty of murder but he lost the civil case and paid damages to the family.

Na from the small law when I do for 500 level engineering that i Dey write o.

Calm down Mr. Engineer...let us look at it from a legal perspective

Rape is a CRIMINAL OFFENCE and falls under the Criminal Code! The BURDEN OF PROOF is on the ACCUSER.

- There is a criminal case already filed with the Police, by the complainant and it is still under investigation.

- The Police have not yet charged the defendant (Pastor Prick) to court hence, he is assumed INNOCENT, until his guilt is proven in court

- Since he is innocent, the originating accusation (Rape) does not make room for compesation, UNLESS a GUILT is proven or t[b]he criminal aspect "determined" by a Court[/b]
- In line with the above, it is ONLY when a GUILT is PROVEN, that the complainant is entitled to any form of redress, wit Financial compensation, through a Civil Suit (While the accused who has now been proven guilty, will suffer Criminal Punishment like Jail time).

- For Busola Dakolo to now be "jumping the gun" by trying to get a MONETARY compensation, when "Criminal Guilt" is yet to even be established (and may or may not ever be established), indicates a few things:

1.) Her Lawyers have seen that her criminal case is leading nowhere (UNPROVABLE) and as such, want to entice the Pastor into a kind of "out of court settlement" (while ensuring they also get compensated for their own efforts).

2.) Circumstantial evidence (time of alleged rape, events they shared together after the time of the rape, her nursing his son even after the claimed rape, et.c) so far, are pointing to the fact that she was either a CONSENTING Adult to any sex that happened between them or she was outrightly making this up. Eitherway, it does not win you a rape case that happned over 20yrs ago.

3.) She is trying to trick the Pastor into making a "non legal" ADMISSION of the CRIME of RAPE (non legal but still effective and can be used as corroborative evidence of partial acceptance of guilt......but l am sure the Pastor wont be that stupid to even consider it otherwise he will end up in jail so fast, even if he did not rape Dakolo wife).

4.) She is hoping that a Civil Suit can be brought before a "compliant, female Judge" (The sort of Judges that think every man accused of rape is guilty "as accused", even without proof and should be punished!
Dem full abroad well, well, especially when the accused person, according to Hillary Clinton, "is one of those Black Savage Men". Now you know one of the reasons she lost to Trump, she was a former State Attorney when she made that statement!).
Now, once the CIVIL COURT Judge approves financial compensation (which can be done by fiat), that event would have "a bearing" on the criminal case where evidence is not readilly available (You can trust that our Police cant do any magic, for an alleged sex that happened 20yrs or so ago and was never reported to a Doctor or any police!) and the Judge OF THE CRIMINAL COURT is relying of a "PROBABILITY OF GUILT", IN MAKING A FINAL DECISION!

But l think Women need to re-evalute this idea of making sure that ALL EVIDENCE has disappeared (so that it becomes my-word-against-your-word and as a female, l should be believed!), before reporting rape, not minding whether you intend to prosecute or not.
Judges even in advance countries are beginning to realise that afterall, Women are also HUMANS are are not immuned to VINDICTIVENESS, when it comes to making a false but life-altering allegation like rape.
I hate rapist but l hate even more, women who try to use it falsely, just to ruined another man's life, out of sheer malice.
Reporting rapoe immediately it happnes, is very crucial because evidence will abound, l also understand that it will make false allegations very obvious


BTW: Your OJ Simpson example does not apply here. Reason?
MURDER has various "degress" (1st, 2nd, 3rd) and other "grades" (Mansluaghter with no malicious intent as in running someover in a car accident, self defence deaths, death by misadventure, e.t.c). Also, MURDER presupposes the existence od a DEAD BODY (the first evidence required to prove a murder case)!
So, he might have a "and indirect link to the death of the victim but not be the "murderer" of the victim. Such compensation is usually wrung out of rich people, to provide closure for the "expectant" family of the dead victim (they are usually poorer than the person they are accusing ).

But for RAPE, it is a Guilty or NOT Guilty situation. There is no half way or degrees. Even if you entered 'halfway' or is just suck breast small, it is still rape but if you did not, you are just not guilty of rape.
Once you are declared NOT GUILTY of Rape, it is you the accused that will file a Civil Suit for wrongful Accusation, defamation, e.t.c to your good name, loss of income for the time of investiagtion and prosecution, legal fees, etc. Not the person who ACCUSED YOU but could not prove their ACCUSATION (now termed a malicious or wrongful accusation).

Busola Dakolo and her husband better watch it or they could be in for a very hard time, when that time comes (but l suspect that as Nigerians, someone will call Pastor and interprete the whole thing as the work of the Devil, since Maaga nor pay again! )

specter:



What's the basis for the cause of action and when did the cause of action arose and became actionable?
By the way, is the action not Statute barred assuming she has a genuine cause of action?

The emotional stress bullcrap is predicted on an alleged rape that has not been substantiated, how can she then prove her ancillary claims if the principal claim or if you wish , the arrowhead of her claim is dead?

Can you build something on nothing and expect it to stand?

But she will definitely need a dozen of medical experts and behavioural psychologist to prove her claims and the standard is quite an impossibility.

Ponder on that, as there are no cold hard evidence at this time, just stories and what happened, did happen, could have happened or didn't happen. These calls for speculations and drawing conjectures. The court is forbidden from embarking on a voyage of speculations or making conjectures.

To me, this is a face saving action that is nearly impossible to prove. Save the criminal allegation of rape suceeds. A smart lawyer will eat her alive on the stand, except perhaps it was arranged in such a way as to force or perhaps there is an arranged out of court settlement.

I say no more.

There were witnesses who knew about the case years ago. The only problem is if the witnesses deny they were ever privy to the case. It happened years ago, but she didnt just keep quiet then as a young girl. According to her, some of his church people came to beg her family then.
I'm very sure there are other victims of this man's depravity
Do you know why Bill Cosby is serving jail time now? Despite committing crimes decades ago with no physical evidence.

MobilityExpress:


It is common practice in the court system that an accused[b] if found guilty[/b] can be made to pay litigation fees the accuser spent to execute the case in court. Nawa to you oo

There are TWO provisions to you claim up there!

1.) It can be done, ONLY AFTER that the accused person has been proven guilty in Court.

2.) It happens only in Non Criminal (CIVIL) cases.
In Criminal cases, it is THE STATE that is prosecuting, the "accuser" is just a Witness to the State.
"SENTENCE" as prescribed by criminal codes, is the only Punishement in Criminal Cases, for an accused person.


*Dont argue with me if you have not actually defended anyone in COURT PLEASE.

yeyeosoronga:


There were witnesses who knew about the case years ago. The only problem is if the witnesses deny they were ever privy to the case. It happened years ago, but she didnt just keep quiet then as a young girl. According to her, some of his church people came to beg her family then.
I'm very sure there are other victims of this man's depravity
Do you know why Bill Cosby is serving jail time now? Despite committing crimes decades ago with no physical evidence.

Stop comparing Apples and Oranges (Bill did not Rape anyone!)

The fact that hse could tell "other people" (without the usual "shame" as an excuse not to tell anyone) about it back then but NEVER told those required by Law (Doctors and Police) and neither did her parents do, will further weaken her evidence in court because now, she cannot claim she was afraid of the Public shame.
Add 19yrs to her age now and you will see that she was not a child when she said she was raped.
Add the fact that she still continue to go to his house, baby-sit his child and feel comfortable with his family, does not look like someone suffering from the trauma of rape (they usually avoid their abusers).
One of the reasons the rape allegations against Trump keeps falling apart is that they were alleged to have happend decades ago and the women decided to not report it to Police, even when they are within adult age.

Rape accusations cant be an all-comers-affair where anyone, anytime, can just wake up and say "You rape me, 30yrs ago but l just kept quiet, now you die".
If it were, that will be a deadly weapon (WMD) in the hands of malicious accusers a.k.a #MenHatersz

Excuzeme:


Stop comparing Apples and Oranges (Bill did not Rape anyone!)

The fact that hse could tell "other people" (without the usual "shame" as an excuse not to tell anyone) about it back then but NEVER told those required by Law (Doctors and Police) and neither did her parents do, will further weaken her evidence in court because now, she cannot claim she was afraid of the Public shame.
Add 19yrs to her age now and you will see that she was not a child when she said she was raped.
Add the fact that she still continue to go to his house, baby-sit his child and feel comfortable with his family, does not look like someone suffering from the trauma of rape (they usually avoid their abusers).
One of the reasons the rape allegations against Trump keeps falling apart is that they were alleged to have happend decades ago and the women decided to not report it to Police, even when they are within adult age.

Rape accusations cant be an all-comers-affair where anyone, anytime, can just wake up and say "You rape me, 30yrs ago but l just kept quiet, now you die".
If it were, that will be a deadly weapon (WMD) in the hands of malicious accusers a.k.a #MenHatersz

Bill Cosby is in jail presently for rape and sexual assault charges. Some as far back as 1965, with obviously no physical evidence.
Not only Bill, but so many influential people who have abused their influence are under the radar and under trial.
You know little about rape and the aftermath from all you have said. There's nothing like manhaterz here. We see it daily on NL pages how men continue to defile minors and those examples we see are just a tip of the iceberg as 99% of cases go unreported, and kept in secrecy by the victims and their relatives.

MobilityExpress:


It is common practice in the court system that an accused if found guilty can be made to pay litigation fees the accuser spent to execute the case in court. Nawa to you oo

A case not given to lawyer

yeyeosoronga:


Bill Cosby is in jail presently for rape and sexual assault charges. Some as far back as 1965, with obviously no physical evidence.
Not only Bill, but so many influential people who have abused their influence are under the radar and under trial.
You know little about rape and the aftermath from all you have said. There's nothing like manhaterz here. We see it daily on NL pages how men continue to defile minors and those examples we see are just a tip of the iceberg as 99% of cases go unreported, and kept in secrecy by the victims and their relatives.

your response is weak

Excuzeme:


Calm down Mr. Engineer...let us look at it from a legal perspective

Rape is a CRIMINAL OFFENCE and falls under the Criminal Code! The BURDEN OF PROOF is on the ACCUSER.

- There is a criminal case already filed with the Police, by the complainant and it is still under investigation.

- The Police have not yet charged the defendant (Pastor Prick) to court hence, he is assumed INNOCENT, until his guilt is proven in court

- Since he is innocent, the originating accusation (Rape) does not make room for compesation, UNLESS a GUILT is proven or t[b]he criminal aspect "determined" by a Court[/b]
- In line with the above, it is ONLY when a GUILT is PROVEN, that the complainant is entitled to any form of redress, wit Financial compensation, through a Civil Suit (While the accused who has now been proven guilty, will suffer Criminal Punishment like Jail time).

- For Busola Dakolo to now be "jumping the gun" by trying to get a MONETARY compensation, when "Criminal Guilt" is yet to even be established (and may or may not ever be established), indicates a few things:

1.) Her Lawyers have seen that her criminal case is leading nowhere (UNPROVABLE) and as such, want to entice the Pastor into a kind of "out of court settlement" (while ensuring they also get compensated for their own efforts).

2.) Circumstantial evidence (time of alleged rape, events they shared together after the time of the rape, her nursing his son even after the claimed rape, et.c) so far, are pointing to the fact that she was either a CONSENTING Adult to any sex that happened between them or she was outrightly making this up. Eitherway, it does not win you a rape case that happned over 20yrs ago.

3.) She is trying to trick the Pastor into making a "non legal" ADMISSION of the CRIME of RAPE (non legal but still effective and can be used as corroborative evidence of partial acceptance of guilt......but l am sure the Pastor wont be that stupid to even consider it otherwise he will end up in jail so fast, even if he did not rape Dakolo wife).

4.) She is hoping that a Civil Suit can be brought before a "compliant, female Judge" (The sort of Judges that think every man accused of rape is guilty "as accused", even without proof and should be punished!
Dem full abroad well, well, especially when the accused person, according to Hillary Clinton, "is one of those Black Savage Men". Now you know one of the reasons she lost to Trump, she was a former State Attorney when she made that statement!).
Now, once the CIVIL COURT Judge approves financial compensation (which can be done by fiat), that event would have "a bearing" on the criminal case where evidence is not readilly available (You can trust that our Police cant do any magic, for an alleged sex that happened 20yrs or so ago and was never reported to a Doctor or any police!) and the Judge OF THE CRIMINAL COURT is relying of a "PROBABILITY OF GUILT", IN MAKING A FINAL DECISION!

But l think Women need to re-evalute this idea of making sure that ALL EVIDENCE has disappeared (so that it becomes my-word-against-your-word and as a female, l should be believed!), before reporting rape, not minding whether you intend to prosecute or not.
Judges even in advance countries are beginning to realise that afterall, Women are also HUMANS are are not immuned to VINDICTIVENESS, when it comes to making a false but life-altering allegation like rape.
I hate rapist but l hate even more, women who try to use it falsely, just to ruined another man's life, out of sheer malice.
Reporting rapoe immediately it happnes, is very crucial because evidence will abound, l also understand that it will make false allegations very obvious


BTW: Your OJ Simpson example does not apply here. Reason?
MURDER has various "degress" (1st, 2nd, 3rd) and other "grades" (Mansluaghter with no malicious intent as in running someover in a car accident, self defence deaths, death by misadventure, e.t.c). Also, MURDER presupposes the existence od a DEAD BODY (the first evidence required to prove a murder case)!
So, he might have a "and indirect link to the death of the victim but not be the "murderer" of the victim. Such compensation is usually wrung out of rich people, to provide closure for the "expectant" family of the dead victim (they are usually poorer than the person they are accusing ).

But for RAPE, it is a Guilty or NOT Guilty situation. There is no half way or degrees. Even if you entered 'halfway' or is just suck breast small, it is still rape but if you did not, you are just not guilty of rape.
Once you are declared NOT GUILTY of Rape, it is you the accused that will file a Civil Suit for wrongful Accusation, defamation, e.t.c to your good name, loss of income for the time of investiagtion and prosecution, legal fees, etc. Not the person who ACCUSED YOU but could not prove their ACCUSATION (now termed a malicious or wrongful accusation).

Busola Dakolo and her husband better watch it or they could be in for a very hard time, when that time comes (but l suspect that as Nigerians, someone will call Pastor and interprete the whole thing as the work of the Devil, since Maaga nor pay again! )

are you a lawyer?

I hate Nigeria Journalist, they frame incident to become viral news.

PrecisionFx:


""why do you want him to pay for legal/litigation fees?""

That is normal n legal in our legal system

what is her gofundme account for then?

Please next time don't baff for evidence purpose

Correcto:
I said earlier that Coza stakeholders are sponsoring propaganda. Some beneficiaries are here on nairaland.

Please stop that Nonsense talk must everyone be on Buaola's side? I don't know or attend COZA but from the whole story I believe Busola had consensual sex not Rape how can someone rape you with a Doggy style without both of you concentrating? Any of my daughter's who open her legs at age 16 /17 without any influence or force I won't bother taking the case to court let's be realistic Busola enjoyed the Sex.

In the Olden days people get married at that age we're forming oyinbo no be only statutory Rape. To me rape is 0-13 yrs either way you do it forcefully or not it's rape at age. From 14 yrs some girls have started developing feelings even without force they indulge in sex willingly... That's why parents needs to Educate their children to be sensitive to men and where they're been touched. Some people will call me Rape apologist.

seborrhic:
I have always maintained that Dakolo had consensual sex with Pastor Fatoyinbo.
How can someone rape u twice in your father's house and you didn't inform your family members?She is that type of girl that got fascinated with sex at a very young age due to poor parental upbringing.
Though I also believe without a shadow of doubt that Fatoyinbo is a scam of a pastor.
He is more of motivational speaker for the kinds of poor souls he can motivate anyway.But calling him a pastor just summarises the scan that is pastorship in Nigeria.

Oga calm down. She said her family members are aware.

GrabHisBalls:
According to the said lawyer, the case has not appeared in court yet.

I thought some people raised funds for her, so why does she need his money for a replacement of what was spent on litigation? She no get shame?

Madam it is common practice.

babyfaceafrica:
same same,you are broke!!..if you are serious,you will pay to see the accused jailed!!!.. why do you want him to pay for legal/litigation fees?

Stop allowing your hate for her make you stupid, you think it's easy to pay legal fees? Do you just act dumb for likes or are you really like that?

ireneidiva:

Oga calm down. She said her family members are aware.

will her family members testimony hold water in court?

OBAGADAFFI:
If the case is still under investigation,why is your Lawyers demanding money.

Stop the lies, she should pay her lawyers.


“Importantly, the N10m quoted by the media is the cost of the action carried out by her lawyers, to wit, litigation fee.

You guys have no idea how the justice system works, you just come out here trying to see who can write the dumbest comment for likes.

aviato:
Stop allowing your hate for her make you stupid, you think it's easy to pay legal fees? Do you just act dumb for likes or are you really like that?

what is her gofundme account for?