₦airaland Forum

If it's untrue, let Biodun not pay and fight it to the end.


Very simple.

No sane person should read any silly meaning into this.

You can only pay "penalty" if you're guilty.

donstan18:
This was her plan all long.

She wants money, not justice. Tell me why people with should take cases and accusations like hers serious.


Lmao! Shameless broke opportunist who's still pained that the pastor didn't marry her.

isthatso:
I have sued before, I didnt determine the exact legal costs before hand because lawyers bill per hour and you dont know how far a case will go, so you dont really know what your costs are. Each time they attend court lawyer will bill you, each time they are working on your case, Lawyer will bill you. What you do is ask for "costs" which will be determined by the judge at the conclusion of the case. What if the case goes on for 5 years and legal costs run into 50m and she has only asked for 10m?

secondly, I dont think it is rocket science to be aware that if you ask for an amount it looks iffy. Especially when you know the public is split on the issue. It's either bad legal representation or hidden motive clounding rational thinking. Because it doesnt take a rocket scientist in a sensitive case like this to simply say change the N10m to "legal costs", let the judge ask what are the legal costs because he must ask before he give judgement!!

Like i said, up til today i was convinced Pastor is guilty, today has changed things for me your explanation not withstanding. I am now willing to give him the benefit of doubt. The story is beginning to get K-leg. Especially in a case where you have no absolute proof, public management is key, to ask for 10m when you dont know what your legal costs will end up being is iffy....it doesnt help her cause.

It’s NOT one-size-fits-all and depends on the lawyer/law firm...
Some will bill hourly, others a fixed amount and some take a contingency fee.
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Didn't know this was the reason why krest started trending
Never read before that she was given krest

Sterope:
Is that not what she did?

To layman, it looks iffy but that is how it is done. There is nothing iffy about asking for cost of an action.

I have never heard where a litigant asks (before a case has started) specifically for a said amount in legal costs in a case that is not open and shut, i.e could go on for ever. Like I said what if the case goes on for 5 years and her legal costs run into 50m, what does she do?

I am not a lawyer, but this is why people ask for "legal Costs" which is determined at the conclusion of the case


anyway I'm repeating myself. I believed her story but now I have doubts. she hasnt helped herself.

It’s not unusual for victims of traumatic events (including rape) to seek monetary awards...
Take the Jeffrey Epstein cases, for instance, each alleged victims is seeking monetary compensation.

A victim cannot truly be adequately compensated for such alleged harm...
But (substantively same as with wrongful death lawsuits) it is a (civil) PENALTY against the defendant.
>

ShhItsPablo:
Following up on the recent update of the court summoning COZA pastor, Biodun Fatoyinbo concerning the rape allegation filed against him by Busola Dakolo, the court has issued out several orders to be carried out by the COZA Pastor.

According to the directives by the court, the statement read Busola Dakolo has requested for a letter of apology from Pastor Biodun which is to be published on the front page of two National newspapers and two National televisions for seven days running consecutively and a sum of 10M to be paid to her.

Does this imply that she has dropped the allegations against him?

Source - https://www.google.com/amp/s/www.channelstv.com/2019/09/09/dakolo-demands-apology-and-n10m-from-pastor-fatoyinbo-court-papers-reveal/amp/

Is she that poor? Will the money restore her innocence I.e assuming its true?

Women and money

You are repeating the same thing because you fault to read where I stated that this how some lawyers in Nigeria conduct their business.

isthatso:
I have never heard where a litigant asks (before a case has started) specifically for a said amount in legal costs in a case that is not open and shut, i.e could go on for ever. Like I said what if the case goes on for 5 years and her legal costs run into 50m, what does she do?

I am not a lawyer, but this is why people ask for "legal Costs" which is determined at the conclusion of the case


anyway I'm repeating myself. I believed her story but now I have doubts. she hasnt helped herself.

9jaRealist:
It’s NOT one-size-fits-all and depends on the lawyer/law firm...
Some will bill hourly, others a fixed amount and some take a contingency fee.
>

Either way she hasnt helped her case, she isnt being represented properly. This case is a case ifor the court of public opinion because there is NO WAY she can prove rape in court. As a result i cant see how she can get anything in a legal court.

That said, since this is about public perception, she should never have mentioned a figure because IMHO whether she was raped or not she is not going to court to get a guilty verdict, i beleive she is not stupid enough to think she will get a guilty verdict. She is going to court to show her seriousness, her going to court is about managing public perception...you then go and ask for money....whether legal or not it's a wrong strategic move IMHO. All she should have done was ask for "legal costs". and let the judge determine.


The only way I can excuse what she and/or her legal team did is if is is the tradition to file your estimated legal costs when you bring a case like this. When I sued, I didnt!

isthatso:
I have never heard where a litigant asks (before a case has started) specifically for a said amount in legal costs in a case that is not open and shut, i.e could go on for ever. Like I said what if the case goes on for 5 years and her legal costs run into 50m, what does she do?

I am not a lawyer, but this is why people ask for "legal Costs" which is determined at the conclusion of the case

anyway I'm repeating myself. I believed her story but now I have doubts. she hasnt helped herself.

You may not be personally experienced enough to have “heard” it, but fixed legal fees/cost is a reality...
Furthermore (assuming this is for legal cost), nothing prevents the litigant from AMENDING the request.
>

Sterope:
You are repeating the same thing because you fault to read where I stated that this how some lawyers in Nigeria conduct their business.

if that is the case, then she has bad lawyers for such a high profile case and she has already lost the case which was already hard to win before it started. No Lawyer worth his salt will give a fixed fee for a case like this that could go on for ever!!!

isthatso:
Either way she hasnt helped her case, she isnt being represented properly. This case is a case ifor the court of public opinion because there is NO WAY she can prove rape in court. As a result i cant see how she can get anything in a legal court.

That said, since this is about public perception, she should never have mentioned a figure because IMHO whether she was raped or not she is not going to court to get a guilty verdict, i beleive she is not stupid enough to think she will get a guilty verdict. She is going to court to show her seriousness, her going to court is about managing public perception...you then go and ask for money....whether legal or not it's a wrong strategic move IMHO. All she should have done was ask for "legal costs". and let the judge determine.

The only way I can excuse what she and/or her legal team did is if is is the tradition to file your estimated legal costs when you bring a case like this. When I sued, I didnt!

Pretty sure she has retained lawyers who will brief her on a legal strategy...
So I would punt and defer to her counsel on what she’s trying to achieve here.

Nonetheless, suffice it to note that Nigeria doesn’t have a jury system...
Accordingly, the case will be decided by a judge on legal merits and not by public polling.
>

Thank God the Court is not filled with laymen

isthatso:
if that is the case, then she has bad lawyers for such a high profile case and she has already lost the case which was already hard to win before it started. No Lawyer worth his salt will give a fixed fee for a case like this that could go on for ever!!!

isthatso:
if that is the case, then she has bad lawyers for such a high profile case and she has already lost the case which was already hard to win before it started. No Lawyer worth his salt will give a fixed fee for a case like this that could go on for ever!!!

Again, first, the party can always AMEND the cost request...
Further, the judge can also decide on what’s reasonable, regardless of what’s requested.

Accordingly, if the ACTUAL cost turns out higher than estimated/requested, it’s not fatal.
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9jaRealist:
Again, first, the party can always AMEND the cost request...
Further, the judge can also decide on what’s reasonable, regardless of what’s requested.

Accordingly, if the ACTUAL cost turns out higher than estimated/requested, it’s not fatal.
>

this is my point. why then put the 10m? why not just say "legal costs" especially when you know the other party will use it to attack her?


it doesnt show sound judgement on both parts her and her lawyers.

9jaRealist:
Pretty sure she has retained lawyers who will brief her on a legal strategy...
So I would punt and defer to her counsel on what she’s trying to achieve here.

Nonetheless, suffice it to note that Nigeria doesn’t have a jury system...
Accordingly, the case will be decided by a judge on legal merits and not by public polling.
>

c'mon she cant win this case on the legal merits. YOu and I know that, unless he confesses. She has made a high profile accusation and she must be seen to do the needful, this is dead on arrival. The only purpose of the case is public opinion, who beleives, who doesnt because if she doesnt go ahead people will say she made it up. I am not saying she was raped or not, it is a case of Ive started so I must finish even if I know the outcome will not favour me because thats the only way she maintains credibility.

9jaRealist:
You may not be personally experienced enough to have “heard” it, but fixed legal fees/cost is a reality...
Furthermore (assuming this is for legal cost), nothing prevents the litigant from AMENDING the request.
>

I didnt say they are not a reality, I said for a case that is not open and shut and could go on forever. Expenses alone could eat up half of that in no time

isthatso:
this is my point. why then put the 10m? why not just say "legal costs" especially when you know the other party will use it to attack her?

it doesnt show sound judgement on both parts her and her lawyers.

Why not? Many lawsuits request for specific costs...
Nonetheless, it clearly states that it is an ESTIMATE.
>

Sterope:
Thank God the Court is not filled with laymen

actually she would have been better off with laymen, she CANNOT win this case on legal merit. We dont need to be lawyers to know that. This is a PR exercise not a truly legal case. If she had a case it would be the Police taking him to court. Afterall the police interviewed them, why isnt police pressing charges? because they cant prove anything!!!

9jaRealist:
Why not? Many lawsuits request for specific costs...
Nonetheless, it clearly states that it is an ESTIMATE.
>

understand the difference between asking for damages/compensation and your legal costs.......2 different things.

isthatso:
c'mon she cant win this case on the legal merits. YOu and I know that, unless he confesses. She has made a high profile accusation and she must be seen to do the needful, this is dead on arrival. The only purpose of the case is public opinion, who beleives, who doesnt because if she doesnt go ahead people will say she made it up. I am not saying she was raped or not, it is a case of Ive started so I must finish even if I know the outcome will not favour me because thats the only way she maintains credibility.

Interesting to note that you have already decided on the outcome even before evidence/testimony is presented in court...
Personally, as the case would be DECIDED by a judge on legal merits (ie, whichever side’s case has merit will win), I would punt.
>

isthatso:
understand the difference between asking for damages/compensation and your legal costs.......2 different things.

A litigant can request for SPECIFIC legal costs in a complaint...
>

9jaRealist:
Interesting to note that you have already decided on the outcome even before evidence/testimony is presented in court...
Personally, as the case would be DECIDED by a judge on legal merits (ie, whichever side’s case has merit will win), I would punt.
>

what evidence? there is no evidence otherwise it will be a public prosecution. Seriously people? I am not saying she wasnt raped but there is no evidence, its a case of he said she said, you dont need to be a rocket scientist!!!!


Her case will fail because to tender an apology is tantamount to admiting guilt, it there was enough evidence for him to admit guilt the police would have prosecuted him and she would not have to be paying 10m to a lawyer.....as she claims.

Like I said even if she was raped, this legal action is a PR stunt!! I can tell you for free, you will never see any apology advertisment from fatoyinbo in any newspaper. Again that is not to say he didnt rape her. LAW is about what you can prove! In the absence of evidence it becomes he said/she said.......case thrown out!!!

Do you know how hard it is to prove rape even when you have DNA, talk less of when there is no DNA.

bixton:
Apology could also mean otherwise.
The pastor will not pay if what she wants is an out of court settlement. It's more like indirectly letting him to agree to the allegation(s).
Before this pattern will turn out to be trending.

Apology means admittance.
Hence the UK did not apologise for their crushing of the Mau Mau resistance in Kenya but, "expressed regret" after paying out compensation money.
Have you noticed that imperialists hardly, "apologise" for something? They always "express regret".
If Mr Coza apologises in the papers, that is simply saying, "I did it, I raped you and I am sorry".

Seun, Lalasticlala, please review this headline, its misleading and fake.

Gandollaar:
Either way, the dakolos could still get a handsome kickback from their lawyers assuming their prayers are granted.

Legally analysis will point to the Dakolos' lawyers trying to arm twist Mr. Fatoyinbo into an out of court settlement. The only snag being that, it would amount to an admission of guilt by the Defendant.

Interesting times ahead in court..

In this buhari time

Money hard to see, 10m go do small

isthatso:
10m is the price of your dignity? A lady told me this girl wasnt raped, I didnt believe her and I was shocked that woman would say such a thing about a fellow woman, especially because I was convinced she was raped. But she kept tellling me "trust me I am a woman, I know when a woman was raped". She said she believes they had consensual sex and he dumped her, I said why would a married woman make up such a story and drag her family into this? We agreed to disagree.

That an apology and 10m is your price makes me now question the whole story. I am not a woman but I'd like to think that if indeed she was raped no price would compensate her.

Just take a second look at what you wrote, if you can believe this cheap lie by bloggers then I can say bloggers control the way you think. For your information, there is another thread where Timi Dakolo debunked it on live video...he even called out Kemi. Useless bloggers everywhere

isthatso:
what evidence? there is no evidence otherwise it will be a public prosecution. Seriously people? I am not saying she wasnt raped but there is no evidence, its a case of he said she said, you dont need to be a rocket scientist!!!!

Her case will fail because to tender an apology is tantamount to admiting guilt, it there was enough evidence for him to admit guilt the police would have prosecuted him and she would not have to be paying 10m to a lawyer.....as she claims.

Like I said even if she was raped, this legal action is a PR stunt!! I can tell you for free, you will never see any apology advertisment from fatoyinbo in any newspaper. Again that is not to say he didnt rape her. LAW is about what you can prove! In the absence of evidence it becomes he said/she said.......case thrown out!!!

Do you know how hard it is to prove rape even when you have DNA, talk less of when there is no DNA.

You do understand that "evidence" and "proof" are different things?
Anything presented before the court is evidence, including oral testimony.

Furthermore, the burden of proof is different in criminal and civil cases...
The police may feel unable to prove the case beyond a reasonable doubt, but civil cases merely requires a preponderance of the evidence.
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And what will be her profit?
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madridsta007:
Apology means admittance.
Hence the UK did not apologise for their crushing of the Mau Mau resistance in Kenya but, "expressed regret" after paying out compensation money.
Have you noticed that imperialists hardly, "apologise" for something? They always "express regret".
If Mr Coza apologises in the papers, that is simply saying, "I did it, I raped you and I am sorry".

If made as part of a settlement, an apology would have no legal significance/consequence...
However, it would be fatal in the court of public opinion, but so also would "an expression of regret"!
>

9jaRealist:
You do understand that "evidence" and "proof" are different things?
Anything presented before the court is evidence, including oral testimony.

Furthermore, the burden of proof is different in criminal and civil cases...
The police may feel unable to prove the case beyond a reasonable doubt, but civil cases merely requires a preponderance of the evidence.
>

fine you got me there, she cant prove rape. Let's see how she manages a "preponderance of the evidence" Will she drag other people into the matter? I still maintain this is more a PR stunt than any real belief she can win.

Wetin concern lawyer, she wins he wins, she loses he wins.