Rape: Pastor Abiodun Fatoyinbo Deserves Fair Hearing – CDHR

CYRIACUS IZUEKWE

The Lagos State Chairman of the Committee for the Defence of Human Rights, CDHR, Comrade Alex Omotehinse, has stated that the Pastor of COZA, Abiodun Fatoyinbo, deserves fair hearing before he will be crucified for the allegations of rape against him by Timi Dakpolo’s wife.

P.M.EXPRESS reports that Commrade Omotehinse stated this on the heel of the revelations and agitations for his arrest and prosecution of the said pastor over the allegations.
He said that it will be unfair if he was not allowed to state his own side because it will be in the interest of justice to hear both sides.
He stated: “I have watch and read different posts and comments on the social media with various criticisms, comments and commentaries by various individuals and group of persons on the subject matter and it’s therefore important for me to state my opinion in this case”.

“In this clime, the social media has become a medium where everyone automatically assumes the duty of a Judge over every case or occurrence without necessary knowledge of the facts of a case and the legal implications and therefore award judgments based on rationalism, without paying attention to the existing laws of the country.”
“Obviously, these people are not aware of Section 36(5) of the 1999 constitution that provides the right to fair hearing. It must be noted that every person who is charged with a criminal offence shall be presumed innocent until he is proven guilty.”
He further stated, “Meanwhile, the accused person is a ‘man of God’ and also a known personality. From the protest, I was made to understand  that this isn’t the first time, he’d be accused of such allegations. It must be noted that only a court of competent jurisdiction holds the power to prosecute and convict him of the alleged crime if found guilty”.
“It should be noted that we live in a society that throws its weight behind the woman in a case of rape. Nigerians only recognize the women as victims of rape and not the man as seen in the section 357 of the criminal code which affirm the ‘superior power’ to the female folks however, this judicial provision must be used cautiously.”

“The allegation against Biodun Fatoyinbo is a criminal act, according to Section 357 of the Criminal Code Act.
“In any rape case, victims are advised to immediately proceed to a nearby Police Station to lodge a complaint, the victim must not change her dress, must not wash or shower after the incident, the victim must not remove anything from the scene of crime because doing so may negatively affect pieces of evidence that the Police may need to hold against the accused. Then the Police must give the victim a medical paper to a government owned hospital for medical test and the fact remains that the medical test should be carried out not more than 24 hours after the incident.”
“The accused, Pastor Fatoyinbo, can be prosecuted and punished for the alleged criminal act if found guilty. However, the aggrieved party must be able to provide evidence and prove her case beyond reasonable doubt. The victim is in the best position to provide evidence of the allegations against the pastor and if well substantiated and established, the accused is liable to imprisonment for life according to Section 358 of the criminal code if the law is applied strictly without any regard to whoever that is involved.”
“In my own opinion, I believe that this current issue must have an undertone of internal crisis of church politics because I don’t know the reason people were jumping to conclusion and calling for the head of the accused pastor based on one sided story and the law says he who alleges must prove, and he who proves must assert.”