The lawmaker representing Adamawa North Senatorial District, Senator Elisha Abbo has appealed the judgment of a Federal High Court in Abuja ordering him to pay N50 million as compensation to a lady, Osimibibra Warmate, he assaulted inside a sex toy store.
KanyiDaily had reported how Senator Abbo attracted negative attention to himself after he was caught on camera beating up a nursing mother at a sex shop in Abuja in May 2019.
On September 28, 2020, a Federal Capital Territory {FCT} High Court, ordered Senator Abbo to pay N50 million as compensation to Osimibibra Warmate and tender a public apology to the lady for brutally assaulting her.
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 notice of appeal obtained by The PUNCH read 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.”
Elisha Abbo, who is the youngest senator in the country, 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.
The lawmaker said the facts of the case were contentious and could not be determined via affidavit evidence. He added 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 N50m compensation to the applicant was “excessive.”
This is coming one week after Senator Elisha Abbo announced that he is planning to throw a big celebration party for the winner of 2020 Big Brother Naija reality TV show, Olamilekan ‘Laycon’ Agbeleshe.