Physical Abuse: Senator Elisha Abbo Appeals N50m Judgement; Calls Offence A ‘Simple Assault’
The senator representing Adamawa North Senatorial District in Adamawa State was caught on video assaulting Osimibibra Warmate at a sex toy shop in Wuse 2, Abuja.
Although the senator won the criminal case instituted against him by the police before a Chief Magistrate Court in Zuba, Justice Samira Bature of the FCT High Court ruled against him in a separate civil suit instituted by Warmate and ordered him to pay N50m and publish an apology to the applicant.
Abbo has now appealed the judgement, saying the facts of the case disclosed is an “alleged tort of simple assault” and not torture or inhuman treatment.
He anchored his appeal on three premises;
The judge erred in law when he 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; that the facts of the case were contentious and could not be determined via affidavit evidence; that the trial judge erred when he held that the applicant had proved her case as required by law whereas the evidence was not in her favour.
Abbo further stated that the court granting N50m compensation to Osimibibra Warmate was “excessive.”
Abbo also filed a motion for stay of execution requesting;
An order of this honourable court 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.