Alleged assault: Elisha Abbo finally heads to court to appeal N50m judgment

Alleged assault: Elisha Abbo finally heads to court to appeal N50m judgment

- Senator Elisha Abbo has appealed the court's verdict that ordered him to pay N50m for an alleged assault

- An FCT Abuja had on September 28, ruled that the senator failed to prove his innocence in the case involving him and one Osimibibra Warmate

- The lawmaker, however, stated that the judge erred in law when she dismissed his preliminary objection

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A member of the Senate representing Adamawa North, Elisha Abbo, has filed an appeal to challenge the judgement of a federal capital territory high court which ordered him to pay N50 million for assaulting a woman.

The Cable reports that the police had in 2019, arraigned the controversial senator before a magistrate court in Zuba area of Abuja on a one-count charge of assaulting Osimibibra Warmate at a sex-toy shop in Abuja.

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Legit.ng gathered that despite video evidence of the incident, the magistrate Abdullahi Ilelah upheld the no-case submission filed by the lawmaker and dismissed the case.

Elisha Abbo finally heads to court to appeal N50m judgment

The member of the Senate representing Adamawa North, Elisha Abbo. Credit: Twitter/Senator Elisha Abbo.
Source: UGC

Warmate, however, 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.

Senator Abbo in his appeal premised on three grounds 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.

He said:

“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.

The senator also 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.

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

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Meanwhile, Legit.ng had previously reported that Senate called for the reform and rebranding of the Economic and Financial Crimes Commission (EFCC) in its fight against corruption, economic and financial crimes in the country.

It was reported that the call was made on Tuesday, October 6, by the Senate committee on anti-corruption and financial crimes in Abuja.

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Source: Legit Nigeria

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