In News by Oluwaseun Samuel on the 31st, July, 2020

Court docket Strikes Out Assault Go well with In opposition to Senator Abbo Who Was Caught Assaulting Lady Inside Intercourse Toy Store

Court Strikes Out Assault Suit Against Senator Abbo Who Was Caught Assaulting Woman Inside Sex Toy Shop

Elisha Abbo

Elisha Abbo

Adamawa-North lawmaker, Senator Elisha Abbo, has received the case of assault instituted in opposition to him earlier than a Justice of the Peace Court docket in Zuba, Abuja by the Nigeria Police Power, The PUNCH reviews.

That is regardless of a viral video displaying Abbo assaulting a lady, Osimibibra Warmate; and a televised press convention by which the lawmaker apologised to the sufferer.

Based on a duplicate of the judgment obtained by The PUNCH, the Justice of the Peace, Abdullahi Ilelah, who upheld a no-case submission filed by Abbo, stated the police did not show past an inexpensive doubt that the lawmaker assaulted Warmate on Might 11, 2019.

The case with go well with quantity CR/010/2019 spanned from July eight, 2019, until June 18, 2020.

The 2 witnesses that testified in opposition to Abbo have been Warmate – who was the nominal complainant – and a police officer, ASP Mary Daniel, who investigated the matter.

In her testimony, Warmate stated she had gone to go to a pal, Kemi, at Pleasure Chest Intercourse Toy Store, Banex Plaza, Wuse 2, Abuja on Might 11, 2019 when the lawmaker walked in with three ladies.

She stated out of the blue, one of many ladies that accompanied Abbo began vomiting and later fainted.

Warmate stated when she left the store, she obtained a frantic name from Kemi asking her to come back to her support because the lawmaker had accused her of placing one thing within the store’s air conditioner system that brought about one of his feminine companions to vomit and was threatening to get her arrested.

The sufferer stated when she returned to the store and was cleansing up the vomit, two males, one in all whom was a policeman in uniform, barged into the store.

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She stated Abbo informed them to arrest Kemi for insulting him however Kemi started pleading after which picked up her telephone to inform her father that she was being arrested.

Warmate added, “As one of many males moved to take the telephone, I begged him and stated it was her father that she was speaking to. Then the defendant (Abbo) pounced on me, punched me on my face and within the eye. He slapped me a number of occasions and requested me why I interfered.

“He stated he would make me a scapegoat for interfering and requested the two males to arrest me. The defendant (Abbo) pulled me by the hair and pushed me downstairs and to a automotive. I referred to as my mom and I used to be being arrested.

 

“Whereas within the automotive, the folks on the premises informed the defendant (Abbo) that he wanted to report back to the police on the premises earlier than he may go away however the defendant (Abbo) refused and the safety guards in the plaza needed to lock the gate.”

Warmate stated her mom was in a position to intervene and after a lot pleading, she was let go by Abbo.

The sufferer stated she started to really feel extreme pains in her physique because of the beating and she or he went to a non-public hospital, Mega Eyesight, and in addition reported the matter to the police.

Underneath cross-examination, Warmate admitted that she was not a nursing mom on the time of the incident as extensively reported.

She additionally said that she was not the one who recorded the video of the incident however obtained it from the proprietor of the store the place the incident occurred.

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Warmate additionally said that the video offered as proof was an abridged model of every little thing that transpired on the day of the incident.

The second witness, who’s a police officer, informed the courtroom that she took statements from the sufferer, the senator and two others who witnessed the incident together with Alaba Udeme, the mom of the sufferer.

The policewoman stated as a result of the store the place the incident came about remained shut, she couldn’t entry the CCTV and needed to depend on a disc given to her by the sufferer.

The video of the incident, a separate video of Abbo’s public apology and a report signed by one Dr. Amobrose Ibegbule, who handled the sufferer, have been tendered as proof.

Nonetheless, when the prosecution rested its case, Abbo didn’t open his defence however filed a no-case submission, asking the courtroom to dismiss the expenses most well-liked in opposition to him.

In his ruling, the Justice of the Peace Ilelah stated, “The proof and reveals tendered don’t disclose a prima facie case of the alleged crime of legal drive and assault in opposition to the defendant (Abbo).

“The prosecution’s case centred on the oral proof of PW1 (Warmate) and the 2 discs contained a CCTV footage of the incident and alleged video clip of an apology from the defendant (Abbo).”

He stated the medical report of Mega Sight Eye Clinic didn’t disclose intimately what occurred to the sufferer and Dr. Ambrose Ibegbule who wrote the report was not referred to as as a witness.

The courtroom stated the video of the press convention displaying Senator Abbo apologising was not tantamount to an act of contrition because it wasn’t a confessional assertion.

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Ilelah stated the testimony of the sufferer was “so weak as a result of the allegation has not been substantiated in any materials explicit.”

The courtroom stated the police didn’t do a correct investigation because it relied solely on the assertion of the sufferer.

The Justice of the Peace said, “The IPO (Investigating Police Officer) did not examine this case in any respect or she simply charged the defendant to courtroom through the F.I.R (First Data Report) with out due care and consideration. The truth is, she has succeeded in making a doubt within the thoughts of this courtroom throughout cross-examination and the Supreme Court docket held that the place there’s a doubt in a legal trial, such doubt ought to be resolved in favour of the defendant.”

He stated the courtroom would depend on the legislation and never logic or media reviews as a result of he who alleges should show.

“The defendant is hereby discharged beneath Part 303(three)(c) and (d) of the ACJA 2015,” the Justice of the Peace stated.

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