Sex-toy-shop: Abbo appeals N50m judgement, says offence ‘simple assault’
Senator representing Adamawa North, Senator Elisha Abbo, has filled an appeal against the judgment delivered by a Federal Capital Territory High Court, Maitama, ordering him to pay N50m as compensation to Osimibibra Warmate.
It could be recalled in 2019, Abbo was caught on video assaulting Warmate at a sex toy shop in Wuse 2, Abuja.
Although the senator won the criminal case instituted against him by the police before a Chief Magistrate Court in Zuba, Justice Samira Bature of the FCT High Court ruled against him in a separate civil suit instituted by Warmate and ordered him to pay N50m and publish an apology to the applicant.
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.
The Appeal reads in part, “That 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 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.