Richarmond O. Natha-Alade |
If you play the best of song and ask us all to dance, none of us would dance in same way and manner except it is rehearsed; Give us all same questions of facts, we would never answer them same way - that is the life and tides of the affairs of men - Richarmond O. Natha-Alade
I had followed with keen interest
the Dakolos and the Fatoyinbos of the Commonwealth of Zion Assembly (COZA) on
the alleged repeated sexual assaults and rape dated back to about Twenty years
ago; I am saddened, not only because rape is bad, but because allegations is no
proof of guilt or occurrence of an events; allegations and/or accusations are
mere words of mouths subject to findings, investigation, study, examination, inquiry,
search, exploration, probe, verifications, reconnaissance, prove, analysis,
survey, scrutiny, enquiry, review and forensics (if necessary), all in bid to
test the veracity and/or truthfulness of any of such statement made as made, if it would ever
be found. And just before the end of the
entire process of findings and/or searching for the truth, a lot may have been
destroyed and/or damaged within the person accused of wrong.
Conscience analysis: Take Biodun Fatoyinbo as your son, husband, friend,
brother or ‘sympathee’, will you agree he raped about 20 years ago, when he
told you he never did? On the other hand, take Busola Dakolo as your sister, wife,
friend, daughter or ‘sympathee’, wouldn’t you belief her story of being raped /
deflowered by a sleek and handsome pastor in the circumstance? That is the
natural sentiment in men that only God (not men) can clear doubts on and judge
accordingly. Yet, even the spirit atimes and in some circumstance pitches tent
with one man against another, no matter what had happened and who is guilty
(check that out). I am therefore satisfied, that no matter the side of the coin or divide you chose
to stand, you are right in your own opinion and belief on this matter. Yet, no matter your stand, its a mere expression sentiment.
In my poise to reach a balanced
view on the issue at hand; factually and Legally, I hereby declare that I do
not know either of the parties (Mr. Fatoyinbo and Mrs. Dakolo) in person, by
extension, affiliation or benefit. In forming my opinion, I would also not be persuaded to judge or
make inferences as to their pasts and stories which I cannot attest or verify.
Rape is bad and condemnable in the
uttermost language of derision and punishments; for no reason should a man rape
a woman, and for no reason should a woman rape a man; notwithstanding the
demonic venom now unleashed on the world; of which men are often the soft and easy targets
of rape accusations due to their nature (which is of common knowledge), and women a big sac of sympathy when allegations as rape is involved; even though it never happened.
Unfortunately, safe in some
instances and cases, no one comes up to accuse you or remind you of hundred years ago of your wrongdoing when you are nobody or when
your are barely trying to find your feet in the place of men, but accusations comes after you
have come out big and successful in your chosen career or life.
Under the law, Busola Dakolo's Story as it were is believable and in actual fact, any story is believable, no matter how porous, disjointed or
imperfect the narration may be; it may only be extremely difficult to proof
since the onus of proof in our criminal jurisprudence is ‘beyond reasonable
doubts’ and not ‘beyond the shadow of doubts’. Yet, an extremely difficult
situation is not equal to impossibility.
Under our law, no evidence, or
facts, no matter how porous, disjointed or imperfect can displace the truth,
especially if the accused by confession, body language and circumstantial facts puts
himself at the mercy of the accuser; by the reaction of COZA Lord, Fatoyinbo,
it seems he has in the most brazen manner put himself at the mercy of Busola
and made her stories quite very much believable, viz:
- He never denied not sleeping with or ‘disflowering’ Busola as a pastor
- He never denied she was not underage when it happened
- He never denied the fact that they were close and always home-call on each other.
- He never denied that the sex between the duo was not once
- He never denied the Krest drink allegation, after the initial sex.
- He never denied the accuser’s allegations of confrontation by her family members and intervention of some named pastors in the church who allegedly begged on his behalf after the second incident.
- He only denied he never raped Busola and that he has never raped in his entire life, even as an unbeliever.
When a woman or a man accuses you
of rape, the first thing that comes to mind was whether in the first place, you
were at a point in time at same place (secluded or not) together, the next
question that comes to mind is whether you slept with him/her or attempted to
sleep with him/her; it is thereafter, the next question comes up for a diagnose
as to if such sex was mutual and/or consensual: only God or Satan who is in the other room or such hidden place
with the two parties can answer this question satisfactory, if there is no person that witnessed same. You were never
there, so you wouldn’t have known. You can only belief what you are told by either of the parties. But certainly, either of them is lying. How then do you find out the liar? Men can only try,
but it will take the divine to answer factual aspect as it was, except is genuinely confessed to.
Assuming but not conceding that Busola consented to rape at age (17) Seventeen, by our law, an infant or a young person is not capable of consenting to sex if he or she has not attained the adult age of 18 (Eighteen) years. Even where such consent is given or obtained, it amounts to a rape. It is not an excuse that you were seduced or lured into the act.
Assuming but not conceding that Busola consented to rape at age (17) Seventeen, by our law, an infant or a young person is not capable of consenting to sex if he or she has not attained the adult age of 18 (Eighteen) years. Even where such consent is given or obtained, it amounts to a rape. It is not an excuse that you were seduced or lured into the act.
Considering the above facts and
putting the age of young Busola into consideration, she claimed she was Seventeen years old as
at the time of alleged actus reus. being quite a young person as at then, can we sufficiently dismiss her claim as to not knowing what to do as at the time and when it happened? Can we by our church mind rightfully dismiss her likelihood of silence and refusal to
tell anyone at her first time when she just started to barely face life? Wouldn’t that be too hasty and prematurely
judgmental? How many persons of that time who were raped by their father, close associate or
someone they had feelings for and/or a sought of bond with would ordinarily
disclose same to anyone if it happened? What was your first sexual experiences like? Busola also made a statement that she “was
afraid to tell anyone for the fear of her life and family safety, because the
pastor used to preach of his past as cultist… although, Busola claimed she
later opened up to her siblings after the second incident and also named some pastors in the church were aware, and they actually begged on the accused
pastor’s behalf’ in all this, remember, not all persons are loud, bold and
outspoken. We are all different by nature. For clarity of facts as to the nature of the
allegations; I shall post the link of the full interview at the bottom of this
article.
Going on, under the law, we call something
‘demeanor’, which are the
combinations of body language, facial expression, intelligence, self-guilt
feelings, conducts, appearance, expression, performance, attitude, bearing,
deportment and mien of any person giving testimony or evidence of any factual
situation or circumstance.
Adjudging from the video of Busola
Dakolo on the rape allegation, which many adjudged as factually porous, perforated and
disjointed, I make bold to say that by the demeanor of Busola in that video, she nailed it.
By my personal assessment, having severally watched and studied the video, she
was calm, responsible looking, quiet quiet in nature, quiet confident, quite certain, quiet ashamed of her past experience, quiet sequential, cozy and
averagely saddened. In all honesty, when I compared her demeanor with the corresponding body
language, wordings and general demeanor of the COZA pastor accused; if I were
to be a Judge, my conviction as to the fact that Busola is speaking the truth
has 75 percent chance.
In all of this: men are endangered species prone to destruction by
the use of any woman. Once you are at the top and/or in an enviable position,
it is easier for your enemies to smear you all over with the mud of women and
rape that never happened. Unfortunately, those men who turned out to be victims
are not compensated after such harassment, but are made to wallow in
self-defence, trauma, depression, psychological disorders, and it
never-happened syndrome all along the time of the traumatic challenges.
The big question: What if in all of this, Mr. Biodun Fatoyinbo is
innocent and the rape accusation was a fuss or vendetta for a relationship that
went sour (directly or indirectly from either/both side of the parties)? What if
the act complained of was a consensual and/or mutual? Since no one could by any
possible means find out their past, except by useless (in legal system) traditional means. In the
positive, the best verdict that the COZA Lord may attract if charged to court
is that the allegations were not proven beyond reasonable doubt and none guilty
verdict would be passed accordingly. On the other hand, if civil action or
criminal action for defamation and wrongful accusation is instituted against
Mrs. Dakolo by the COZA Lord, The case could be as well dismissed on ground of
justification; since no one is certain if it happened or not. Remember, that
you have not proved your case beyond reasonable doubt is different from the
fact that you have not to have proven it at all; even if you have not proven it
at all, it does not translate to the fact that it never happened. If the court
let the accused go on ground of chance and possibility on the premise that it may
not have happened and/or the facts are doubtful due to porosity and/or
disjointed facts given in the circumstance of the case, under the law, that
would not automatically translate to the guilt of the accuser and/or that the
accuser lied. Each case would be heard and weighed on its own merit and peculiarity.
Any law that would not equally protect all is not a law
In the light of the above analysis,
what is the justice for the man in position of the COZA Lord (Pastor Biodun
Fatoyinbo), if he had been wrongfully accused, but the actual facts as to if he
was actually accused wrongly cannot be known? He simply lives on as a bruised, damaged
and broken man; who in most circumstances by the consequential effect of such
allegation is robbed of his position, power, ego, authority, importance, public
affection, affluence and influence for the rest of his life.
Unfortunately, under the law, crime
has no statutory limitation as to time of arrest and prosecution of the
accused. If it takes twenty or more than fifty years to be discovered and/or
reported, except the relevant authorities decides to turn a blind eye against
such crime, you can be picked up, harassed and made to answer for such criminal conduct
of age at any time, at any age or season of your life. Isn’t that craziness?
I consider the above stance in
criminal law jurisprudence as injustice, human crippling and human destructive.
Many who are great pastors, imams,
politicians and businessmen to mention a few once committed one crime or the
other in the course of their life; yet they are better persons, great employers
of labour, inspiration and great teachers of men whose stories motivates and
inspires a lot of lives today. Many of them assist the system to minimize crime
and/or people with tendencies of self-destruct.
If God our creator forgives sins no
matter how grievous, who are men to remember them at undue time and season?
Since, laws are made for men and
not men for law, I implore our legislatures to revisit our criminal laws and
amend same appropriately or amend by insertion of few lines in the constitution
to correct all anomalies in criminal law by putting limited time of action on some categories of offences and make same justice-inclined on all
fore.
I therefore, advocate that some categories
of misdemeanors as stealing, fighting, exam malpractice e.t.c. and some
categories of serious offences as attempted rape, indecent assault, rape and
many in its categories be a benchmark as to certain numbers of
months or years a victim must make report or communicate same to other persons
for possible prosecution. And if such person with reporting responsibility
fails and/or neglects to report the stipulated crimes within the specified
period of time as provided for under the law, and such person wakes up any year
or time thereafter, the complainant action should be declared statute-barred, why the accused should have the liberty
to institute sustainable defamation action against the complainant. In the circumstance,
Equity should also aid and protect the vigilant, not the indolent.
Accusing anyone (who could have been
a target) in the circumstances is cheap and severely damaging; what is the
justice for the men or women wrongfully accused of a forgotten offence alleged to have been committed so many years ago but cannot be verified? What is the justice for someone who ones made serious life
mistake and now living normal and great life, only to be accused to have done
something considered as crime in the past, and should now be arrested sent to prison?
That person could be YOU, your FAMILIES, FRIENDS OR BENEFACTORS.
The solution that you do not become a victim to such time lagging accusation(s) is
placing time embargo as to the time of report and prosecution of anyone accused of some
categories of offences; thereby limiting anyone from destroying you or your
loved ones after you/they are made or repentant of the past, particularly if you/they
are now law abiding, great and responsible on all fore.
Since we are all humans (religious
leaders inclusive) prone to ere and fall into sin at one time or the other in
the course of our life journey and expeditions, let no one say Biodun Fatoyinbo
had done the worse in history. No one holy pass except hypocrites.
In all honesty and fairness, I belief Mrs. Dakolo do not need a about a 20 years old revenge, after she and her husband had had great time and moment with her accused; that is if at all there was rape. Men at a point in time are weak, at the mercy of women and an endangered species in the hands of women when sex is involved.
In all honesty and fairness, I belief Mrs. Dakolo do not need a about a 20 years old revenge, after she and her husband had had great time and moment with her accused; that is if at all there was rape. Men at a point in time are weak, at the mercy of women and an endangered species in the hands of women when sex is involved.
Age of Fatoyinbo then as a young man
is not the age of Fatoyinbo as at now.
I bow my heart and weep in silence on why all of
human are not of same sex, emotions and feelings. I have an all-time pity for rape victims but I pity
most the ‘helpless’ men and victims of women…
Richarmond
O. Natha-Alade is a legal
Practitioner and Principal Partner at
Sun Natha-Alade & Partners (SNATHAP)
lordricharmond@gmail.com
www.snathap.com
SEVEN FACTS TO KNOW ABOUT BUSOLA DAKOLO AND PASTOR BIODUN FATOYINBO RAPE SAGA
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Great write up
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