WELCOME TO R!NEWS: Between Fatoyinbo and Dakolo: Interrogating a rape allegation

Tribune Online
Between Fatoyinbo and Dakolo: Interrogating a rape allegation

There is a growing suspicion in several quarters that the dark cloud orchestrated by the trending story on the conventional media organisations- electronic and print, as well as all the social media platforms is a smoke screen aimed at concealing the real intention of those behind the rape saga in the house of God.

This ugly allegation and the issues it has thrown up is even made more delicate because it is woven around a highly respected man of God whose ministry has been making national and international impacts in fulfilling its mandate of bringing the unsafe to the saving grace of Jesus Christ, healings and deliverance, empowerment programmes for the underprivileged in the society through massive humanitarian activities, among others.

Indeed, the rape allegation against the colourful pastor of Commonwealth of Zion Assembly (COZA), Biodun Fatoyinbo, by the wife of the popular singer Mrs. Bisola Dakolo, has been dominating public, especially social media space for weeks now. I am however worried and miffed at the same time by the biased conclusions and public hysteria over the matter. Particulary I am deeply alarmed by the silent proclamation of many of guilt on the pastor, who has not even been tried in a law court by many who ae now calling for his head. Could the whole allegation have been deliberately plotted to bring down an innocent man of God? Whatever the answer might be, I believe is it is pertinent to deeply query the authenticity or otherwise of the weighty allegation.

Rape is not only abominable, barbaric and repugnant to natural justice; it is also a criminal offence punishable under the extant laws of the federation. To this end, it is only natural and logical for any victim of rape to seek redress in a court of competent jurisdiction rather than hide under the guise of public outrage, inspired by calumnious and unsubstantiated campaign on the media space. There are many cases of rape in the land but the unprecedented protest, with beautiful and expensive placards and handbills against the Pastor means a lot to those who are sincere and neutral. It is one rape too many.

A case as serious as rape should not be left in the hands of unschooled and uninitiated in the temple of justice who take pleasure in sitting on the court of public opinion and passing verdicts on the accused without recourse to the fact of the case or calling of witnesses before sentencing their victims to death.

Though, I am not a lawyer, my little knowledge of law supports my opinion that the court of public opinion or media trial as it is popularly called is opposed to several legal principles. For instance, there exists a principle of presumption of innocence in the legal parlance, which provides that one is considered innocent unless proven guilty.

This principle was traditionally expressed by the Latin maxim ei incumbit probatio qui dicit, non qui negat (“the burden of proof is on the one who declares, not on one who denies”). In constitutional democracies where rule of law is practiced, presumption of innocence is a legal right of the accused in a criminal trial. It is also in the international human right under the UN’s Universal Declaration of Human Rights, Article 11. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to a judge or a jury.

The principle presupposes that the prosecution must in most cases prove that the accused is guilty beyond reasonable doubt and if reasonable doubt remains, the accused must be acquitted. Also, 3 out of the 20 maxims of equity readily come to mind in this raging debate thus: “One who seek equity must do equity”, “He who comes into equity must come with clean hands”, and “Equity will not suffer a wrong to be without a remedy.”

But how can there be remedy when the alleged victim has continually refused to take any legal step that will lead to her getting justice if the allegation is proven beyond reasonable doubt. Another Latin maxim states that Audi alteram partem (or audiatur et altera pars), meaning “listen to the other side”, or “let the other side be heard as well.”

Govt should play less politics with education —Professor Osofisan

This legal principle posits that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them. Regrettably, the justices in the court of media trial seeking justice against Pastor Fatoyinbo have inadvertently raped justice in a most brutal manner by willfully jettisoning the aforementioned legal principles.

It is on this premise that one is tempted to believe the growing whispers in certain quarters that Dakolo and his co-accuser are not seeking justice against the rape allegation against COZA pastor but are out to destroy the man by dragging his name through the mud for some reasons best known to them.

If the aforesaid hypothesis is not credible, why the uproar over the invitation by the police that would have afforded Dakolo and his wife to shed light on all that they know about the rape allegation so as to start the legal process that will guarantee them justice and permanent healing if the allegation is proven to be true?

Why are they hell-bent on social media trial more than conventional trial? There is a huge allegation hanging on the shoulders of the Dakolos, which is that they could have had a hand in mobilisation of some elements who came to disrupt innocent worshipers at COZA in the name of seeking justice.If that allegation is correct, then it is not best way to get justice. That action only amounts to harassment and violation of the fundamental rights to free association and freedom of worship of other COZA worshippers and not just of Pastor Fatoyinbo. The Dakolos need to make themselves available to the police to provide more information necesary for their case. You cannot just incite members of the public against any person and not just a man of God and expect that you should sit in the comfort of your home and get justice. No.

The Nigerian Police Force are already investigating the rape debacle in order to establish the fact of the matter with a view to ensuring that justice is duly served, the Dakolos are under obligation to fully cooperate with the police. It is their case. They therefore cannot be seen as avoiding police invitation under the pretence that they are being threatened by police or strange faces.