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Sex-Toy Shop Assault: Senator Abbo Appeals ₦50m Compensation Against Him
Senator representing Adamawa North, Elisha Abbo, has described as excessive the N50 million fine slammed against him for physically assaulting a woman at a sex-toy shop in Abuja.
Abbo filed an appeal contesting the judgement of a federal capital territory high court which which convicted and ordered him to pay the compensation.
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 irrefutable video evidence of the incident, Abdullahi Ilelah, the magistrate, upheld the no-case submission filed by the lawmaker and dismissed the case.
However, Warmate filed a separate civil suit at the FCT high court and on September 28, the presiding judge, Samira Bature, convicted Abbo and ordered him to pay N50 million as compensation to her.
Dissatisfied with the verdict, Abbo approached the appeal court to challenge the judgement of the lower court.
The senator hinged his appeal on three factors, on which he said the facts of the case borders on.
He “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 averred 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 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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