The Court of Appeal siting in Abuja has affirmed the N50 million damages that was awarded by an FCT High Court against Senator Elisha Abbo, for violently attacking a lady, Ms Osimibibra Warmate, in a sex toy shop in Abuja.
A High Court of Federal Capital Territory had ordered Senator Abbo to pay N50million as cost of damages inflicted on the lady over the incident that occurred in 2019.
Not pleased with the FCT High Court judgement, the Senator representing Adamawa North senatorial District in the National Assembly, appealed to the appellate court and prayed it to set aside the ruling of the lower court.
But, having taken a critical look at the judgement of the lower Court, the Appeal Court in a unanimous decision of its three member panel led by Justice Jamilu Tukur, dismissed Senator Abbo’s appeal.
The appellate Court held that it found no reason to dislodge and vacate the verdict the FCT High Court delivered on September 29, 2020, following a fundamental right enforcement suit that was lodged by Ms. Warmate.
The Appeal Court therefore held that judgement entered by Justice Samira Bature of the FCT High Court was right in upholding Ms. Warmate’s case and awarding damages against Senator Abbo and therefore dismissed his argument that the damages awarded against him, was not properly commenced.
The Appeal Court also dismissed Senator Abbo’s contention that he was denied fair hearing, the appellate court faulted his argument that Ms. Warmate’s claim that he slapped her, pulled her hair and dragged her out of the sex toy shop, was only a case of simple assault and not rights violation.
The Appeal Court in upholding the N50m damages, also awarded another N500, 000 in favour of Ms. Warmate.
In the lead judgement delivered by Justice Danlami Senchi, the Appeal Court held that Senator Abbo’s appeal marked: CA/ABJ/945/2020, was bereft of any merit.
Justice Senchi held; “The decision of the trial court in the award of N50m against the Appellant and in favour of the Respondent was proper. Going by the quality of evidence that was presented by Ms Warmate, including a medical report and video recordings of the incident, the decision of the trial court could not be tampered with.
“The conduct of the Appellant is sufficiently outrageous to merit the punishment as the facts of the case disclosed flagrant disobedience of the law, especially that the Appellant is an elected Senator of the Federal Republic of Nigeria,” the Court held.
