Senator Elisha Abbo (PDP – Adamawa North) has filed an appeal at the Court of Appeal, Abuja against a lower court judgement ordering him to pay N50m as compensation to Osimibibra Warmate, whom he assaulted.
Justice Samira Bature of the Federal Capital Territory High Court sitting in Maitama passed the judgement on September 28.
The senator had faced intense criticism after bring caught on tape assaulting the victim in a sex toy shop in Abuja in 2019.
A criminal case filed against him by the police failed as the Chief Magistrate Court in Zuba dismissed it in August 2020.
However, Warmate filed a separate civil suit before the FCT High Court and Justice Bature ruled in her favour, ordering the defendant to pay N50 million compensation as well as issue an apology to the plaintiff.
But in a notice of appeal filed by Abbo, he noted that, the facts of the case disclosed an “alleged tort of simple assault” and not torture or inhuman treatment, hence the fundamental rights procedure was an inappropriate means of seeking redress.
He said he was dissatisfied with the High Court’s judgement, filing an appeal on three counts.
According to the lawmaker, 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 stressed that the facts of the case were contentious and could not be determined via affidavit evidence.
Abbo argued that Justice Bature erred when he held that the applicant had proved her case as required by law whereas the evidence was not in her favour.
Also, he contended that the N50 million compensation awarded to the plaintiff “excessive”.
He also filed a motion for stay of execution of the lower court’s judgement pending the hearing and determination of the appeal.
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