A Magistrate Court in Zuba, Abuja has dismissed an assault suit instituted against Adamawa-North lawmaker Senator Elisha Abbo by the police.
It would be recalled that Abbo was seen in a viral video assaulting a woman named Osimibibra Warmate at an adult toy shop on May 11, 2019.
The incident sparked outrage on social media as many Nigerians called for the prosecution of the Senator over his actions.
Read Also: Assault: Senate Calls For Probe Of Senator Elisha Abbo As IG Of Police Orders His Arrest
According to the court documents obtained by Punch, the Magistrate, Abdullahi Ilelah, who upheld a no-case submission filed by Abbo, said the police failed to prove beyond a reasonable doubt that the lawmaker assaulted Warmate.
Two witnesses that testified against Abbo were Warmate – who was the nominal complainant – and a police officer, ASP Mary Daniel, who investigated the matter.
According to the victim, she suffered severe pains in her body due to the physical assault, after which she went to a private hospital, Mega Eyesight, and also reported the matter to the police.
The second witness told the court that she took statements from the victim, the senator and two others who witnessed the incident including Alaba Udeme, the mother of the victim.
The video of the incident, a separate video of Abbo’s public apology and a report signed by one Dr. Amobrose Ibegbule, who treated the victim, were tendered as evidence.
However, Abbo filed a no-case submission, asking the court to dismiss the charges preferred against him.
In his ruling, the magistrate Ilelah said;
The evidence and exhibits tendered do not disclose a prima facie case of the alleged crime of criminal force and assault against the defendant (Abbo).
The prosecution’s case centred on the oral evidence of PW1 (Warmate) and the two discs contained a CCTV footage of the incident and alleged video clip of an apology from the defendant (Abbo).
He said the medical report of Mega Sight Eye Clinic did not disclose in detail what happened to the victim and Dr. Ambrose Ibegbule who wrote the report was not called as a witness.
The court noted that the video of the press conference showing Senator Abbo apologising was not tantamount to an admission of guilt as it was not a confessional statement.
Ilelah expressed that the testimony of the victim was “so weak because the allegation has not been substantiated in any material particular.”
The court stated that the police also did not do a proper investigation as it relied solely on the statement of the victim.
Ilelah saying that he would rely on the law and not logic or media reports then discharged the defendant of all charges.
