Adamawa North lawmaker, Senator Elisha Abbo, has appealed the judgment delivered by a Federal Capital Territory High Court, Maitama, ordering him to pay N50m as compensation to Osimibibra Warmate.
Abbo was caught on video assaulting Warmate at a sex toy shop in Wuse 2, Abuja in 2019.
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 notice of appeal 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.”
Abbo, who is the youngest senator in the country, anchored his appeal 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 N50m 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.”