‘It was simple assault’ — Elisha Abbo appeals N50m judgment

 

Elisha Abbo, senator representing Adamawa north, has filed an appeal challenging the judgement of a federal capital territory high court which ordered him to pay N50 million for assaulting a woman.

In 2019, the police arraigned Abbo before a magistrate court in Zuba, on a one-count charge of assaulting  Osimibibra Warmate at a sex-toy shop in Abuja.

Despite video evidence of the incident, Abdullahi Ilelah, the magistrate, upheld the no-case submission filed by the lawmaker and dismissed the case.

However, Warmate instituted a separate civil suit at the FCT high court and on September 28, Samira Bature, the presiding judge, convicted Abbo and ordered him to pay N50 million as compensation to her.

In his appeal premised on three grounds, the senator said the facts of the case borders on “alleged tort of simple assault” and not torture or inhuman treatment, hence the fundamental rights suit was inappropriate.

“The appellant being dissatisfied with the decision of the high court of the FCT as contained in its ruling and orders in suit No CV/2393/2019 delivered on the 28th day of September 2020 by Hon. Justice S.U. Bature, do hereby appeal to the court of appeal, Abuja,” the notice read.

Abbo stated that the judge erred in law when she dismissed his preliminary objection to the effect that the suit was not recognisable under Section 34 of the 1999 Constitution and the fundamental rights enforcement procedure.

He said the facts of the case were contentious and thus, could not be determined with mere affidavit evidence.

Abbo submitted that the trial judge erred in her verdict when she ruled that the applicant had proved her case whereas the evidence was not in her favour.

He further stated that the N50 million compensation granted in favour of the applicant was “excessive”.

He also prayed for an order “staying the execution of the judgment/decision of this honourable court delivered on September 28, 2020, in Suit CV/2393/2019 pending the hearing and determination of the appeal against same”.

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