What happened to the rape case against Pastor Fatoyinbo?

The complaint of rape made by Mrs. Busola Dakolo against Pastor Biodun Fatoyinbo, the senior pastor at the COZA faith ministry, has probably gone the way of most cases against the rich and powerful in Nigeria. That is to say, the police killed the case in order to protect the rich and a paying client of the police. 

Otherwise, how could the police declare an investigation inconclusive simply because the suspect that is within their reach refused to answer police invitation? By so doing, the police can be taken as saying that the investigation had gone cold, that they had followed all the leads and got nowhere. But if they have not been able to interview the suspect, they have failed to follow the most probative lead.

As reported in the Premium Times, the police “set up the five-member panel to investigate the rape allegation leveled against him [Fatoyinbo] by Busola, wife of popular singer, Timi Dakolo. The embattled cleric said he did not appear before the panel because it appeared biased.

“He also added that he was advised by his lawyers not to appear before the panel because it was prejudiced and may not conduct an impartial session.”

This case has been marked by a cruel irony and deceit. First, when the lady reported that the powerful, rich and well connected pastor raped her 20 years ago when she was 17 years old, the police failed to investigate the complaint and no reason was given for turning a cold shoulder to the lady. Frustrated by the indifference and believing that the police were compromised, the lady took her story to the press.

Mrs. Dakolo’s media interview that alleged rape against Pastor Fatoyinbo became a sensation. A country that normally ignored such allegation and blamed the victim suddenly came alive with unprecedented outrage against a suspected rapist. The spontaneous reaction took everybody by surprise. Human rights and women groups protested with placards in front of COZA churches. The pastor promptly placed himself on leave while he continued to deny the allegation. There was hope that this case might change for good and better the way Nigerian address cases of rape.

Like a typical Nigerian rich man accused of some crime, Pastor Fatoyinbo turned the police against the accuser. He filed a petition with the police accusing Mrs. Dakolo and her husband of defamation. As typical of the Nigerian police, the police ignored the rape allegations and went after the woman and her husband for defamation. In a clearly calculated effort to frustrate and intimidate, the police issued their infamous invitation letters trying to cause the couple to leave their Lagos abode and travel to Abuja to be questioned. As the couple chalkenged this move, the police staged a shameful attempt to arrest them.

There was a public outcry as many questioned the motive of the police. This embarrassed the Inspector General of the Police (IGP), who directed that both the rape and defamation allegations be investigated in Lagos.

While the Dakolos went to meet with the police, as requested, Pastor Fatoyinbo refused to go. Normally when a complainant fails to meet the police for further investigation into his complaint, the police could treat that as a sign that there is no merit in the complaint. However, when a suspect fails to honor police invitation, the effect is the opposite. The police seemed to have reversed this neat logic in the case of the Dakolos against Pastor Fatoyinbo, by declaring the investigation into the two cases inconclusive just because the suspect (Fatoyinbo) refused to honor the police.

As sad and unfortunate as it is, at least the Dakolos managed to have escaped what was to be a brutal police persecution through the attempt to ignore their rape allegations and prosecute them for defamation in Abuja. Unfortunately, she will not be able to pursue a civil remedy against the pastor because the incident occurred 20 years ago, while a civil cause of action expires after six years from the date of the incident.

For the alleged victim of rape, it is a painful goodbye to justice. For thousands of rape victims ignored by the Nigerian justice, they still have to wait for another occasion when the country’s law enforcement will step up the fight against rape and crimes of sexual violence.

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