Since everyone seem to have some words to share on the ongoing Busola Dakolo rape allegation on COZA head pastor Biodun Fatoyinbo.
Below is what one of Nigeria’s legal Practitioner Dr. Charles Omole who totally condemns the act of placing allegation without proof.
Dr Charles Omole is a Judge, Strategist, Pan-Africanist, Governance/Reform Guru and Expert in Police & National Security Jurisprudence. Read below;
ON DAKOLO v FATOYINBO – A LEGAL PERSPECTIVE.
I once had a Domestic Violence case in which wife alleged the husband punched her with boxing gloves during a fight. She presented pictures of her battered face in court. But the Husband denied beating her & that she must have been beaten by someone else or fallen & trying to incriminate him. There is no history of DV prior to this. I believed d wife, but needed the Crown to give me the evidence to convict. The Prosecution failed. The boxing gloves recovered from the house was misplaced by the police & No witnesses presented. So I had to let the husband go. Cases are about evidence and not morality or feral outrage.
This leads to me to the Dakolo case in Nigeria. It is possible to do the right thing in the wrong way. Both sides of the polarised Dakolo v Fatoyinbo saga are being blinded by their biases. It is the duty of the Police to investigate Both sides of any allegations. First, headline today says “Police Storm Dakolo residence”. Then the story said there were 3 officers. Can that really be said to be “Storming”? With the headline, I was expecting to read at least a dozen officers were there. Needless sensation does not build legal culpability.
Secondly; folks said Fatoyinbo has not been questioned on Dokolo’s allegations. How do you know that? He could have chosen to be quiet about his own questioning.
He could have chosen not to publicise his own visit to the police. If the Dakolo’s have not raised alarm on SM, they too could have been questioned without anyone being aware. Clearly police could simply have invited them for questioning. Those who allege a crime as serious as Rape need to be treated with more respect & sensitivity. A source told me that the Investigation team had actually taken Fatoyinbo’s side of the story & needed to take Dakolo’s too. And bcos the team are in Abuja, they felt the Dakolo’s should be interviewed by same team But the police team could easily have visited lagos to interview the Dakolos.
Tryingto ship them to Abuja was unnecessary and insensitive. Moral outrage is one thing; Legal culpability is another matter. If Mrs Dakolo has said the alleged sex was consensual;
police will not be involved in this case; although the moral outrage will still persist bcos a Pastor is involved. So we need to understand that these are different standards. Allowing moral outrage to shape legal and victimology investigations is unwise.
ON DAKOLO v FATOYINBO – A LEGAL PERSPECTIVE
I once had a Domestic Violence case in which wife alleged the husband punched her with boxing gloves during a fight. She presented pictures of her battered face in court. But the Husband denied beating her & that she must have been… pic.twitter.com/MbzCPLeRPc
— Dr Charles Omole (@DrCOmole) July 21, 2019