Senator Elisha Abbo who represents Adamawa North in the National Assembly has appealed the judgment delivered by a Federal Capital Territory High Court, Maitama, ordering him to pay N50million as compensation to Osimibibra Warmate.
Abbo was caught on CCTV assaulting Warmate at a sex toy shop in Wuse 2, Abuja in 2019.
The senator was ordered by Justice Samira Bature of the FCT High Court in a civil suit filed by the victim to pay N50million and publish an apology to her. This came after Abbo won the criminal case instituted against him by the police before a Chief Magistrate Court in Zuba.
However, the lawmaker has filed a notice of appeal, insisting that the facts of the case disclosed an “alleged tort of simple assault” and not torture or inhuman treatment, hence the fundamental rights procure was an inappropriate means of seeking redress.
Abbo has now filed an appeal to the Court of Appeal, Abuja, anchoring it on three premises.
The senator said 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.
He said the facts of the case were contentious and could not be determined via affidavit evidence.
The lawmaker stated 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.
He further stated that the court granting N50million compensation to the applicant 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.”
