Fatoyinbo’s Name Is In Ruins — Former NHRC Chairman

Former Chairman of the National Human Rights Commission (NHRC), Chidi Odinkalu, has said that Senior Pastor Biodun Fatoyinbo’s name is in ruins despite court victory.

In a lengthy article, Odinkalu explained why it is difficult for celebrity photographer, Busola Dakolo to prove that she was raped by Fatoyinbo.

“Whatever the difficulties of proof, cases like Mrs. Dakolo’s remind us of the need to scale up rape law reform in Nigeria. Some basic steps can help.

“First, the definition of rape in both the Criminal and Penal Codes is clearly very outdated. It makes the crime near impossible to prove. To achieve this, VAPP Act needs to be taken to all the States and made the standard all over Nigeria. This will make it possible to harmonise the laws of sexual offences across the country, eliminating the confusion that presently exists. The Conference of Attorneys-General in concert with the inspector-general of Police can commit to legislating to make this possible.

“Second, at present, the law allows evidence of the sexual or intimate histories of victims from the proceedings but mostly precludes such evidence on the part of alleged perpetrators. This incidence of the laws of evidence in rape proceedings in most jurisdictions in Nigeria can be reversed by amending the relevant laws in all the states other than Lagos where this has already been achieved.

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“Third, in civil cases alleging the rape of minors – as in persons under the age of 18 – or culpability of persons in authority over the victim (as in a pastor), it should be possible to allow for a doctrine of continuing violation triggering the commencement of computation for limitation purposes from either the attainment of majority or the end of the power relationship between the victim and the perpetrator (whichever is later). If this requires updating legal doctrine or amending the statute of limitation, then it should be done.

“Fourth, predictably, propagandists for the alleged perpetrator have gone to town with unfounded claims of his exoneration. That, sadly, is far from what has happened. It is impossible, however, for victims in cases such as this not to feel let down by the system. We must invest in weaning judges through training of a prevailing Victorian mind-set about remedying rape.

“Pastor Fatoyinbo may have achieved a technical legal victory but it has left his name in ruins. He may never be able to clear himself of allegations that he is a rapist. That is a terrible burden for a “Man of God” to live with, a testament to the soft vengeance of Busola Dakolo’s incredible courage,” part of the article read.