Elisha Abbo appeals N50m judgement calls it excessive

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Senator Elisha Abbo has appealed the judgment of a federal high court who asked him to pay N50m as damages to a lady he assaulted physically at a sex toy shop in 2019.

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.

It can be recalled that the court gave the order on September 28, following a fundamental rights suit filed by Warmate.

Abbo won the criminal case instituted against him by the police before a Chief Magistrate Court in Zuba but Warmate filed a civil suit and Justice Samira Bature of the FCT High Court ruled against Abbo on September 28, 2020, and ordered him to pay N50m and publish an apology to his victim.

In the appeal filed on October 8, 2020, Abbo stated that the case was a simple assault, and the N50million award was excessive saying it was an “alleged tort of simple assault” and not torture or inhuman treatment.

Abbo anchored his appeal on three premises: that the judge erred in law when he dismissed his preliminary objection to the effect that the suit was not recognizable 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 favor.

The senator had earlier tendered an apology to the woman, days after the video went viral but non was approved.

He expressed remorse over his action stating that regardless of the provocation, his action did not portray him a good ambassador of the Senate, the PDP and the youths of Nigeria.

he said;

“It is with a deep sense of remorse and responsibility that I, Senator Ishaku Abbo profoundly apologize to all Nigerians, the Senate, the Peoples Democratic Party, my family as well as our mothers- the Nigerian women. “I personally apologize to Babra (the lady he reportedly assaulted) and her family for my action which has brought immense discomfort to our body polity.”

“l have never been known or associated with such actions in the past. Regardless of what transpired prior to my expression of anger, I am sincerely sorry and plead that all men and women of good conscience should have the heart to forgive me. To err is human, to forgive is divine.”

“To the Church of God everywhere in the world, I am sorry. As an Ambassador of Christ, much is expected of me. My family and religious upbringing do not give approval to such conduct and for this, as a leader, I seek forgiveness before God and all those who feel offended by my action. “

“Indeed, this episode has taught me a very great lesson both as a private citizen and a public officer particularly as a Senator of the Federal Republic of Nigeria upon whom public confidence is reposed.”

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