The assault case against Senator Elisha Abbo of the PDP has been struck out by the Magistrate Court, Zuba in Abuja.
The case was instituted against him by the Nigeria Police Force accusing him of assaulting a woman, Osimibibra Warmate.
The latest court ruling is premised on a no-case submission filed by Senator Abbo saying that the police failed to prove its case beyond reasonable doubt that Warmate was indeed assaulted in a sex toy shop on May 11, 2019.
The latest development is in spite of the fact the senator had publicly apologised to the lady in a televised press conference. There was also strong video footage of the incident.
The plaintiffs were Osimibibra Warmate. and the police officer who investigated the case, ASP Mary Daniel.
While testifying Warmate said she was visiting her friend, Kemi when the lawmaker arrived accompanied by 3 ladies. One of the ladies suddenly started vomiting and then fainted.
Warmate said she had left the shop when her friend, Kemi called her frantically to come to her aid. According to Kemi, the senator was threatening and accusing her of putting something in the Air conditioner system that made his lady friend sick.
Warmate offered to assist clean the vomit in spite of the chaos.
While the senator was threatening to arrest Kemi a policeman and a civilian stormed into the shop and Abbo ordered Kemi’s arrest. The latter picked her phone to alert her father that she was being arrested.
Warmate said that “as one of the men moved to take the phone I begged him and said she was speaking with her father. Then the defendant (Abbo) pounced on me, punched me on my face and in the eye. He slapped me several times and asked why I interfered.
“He said he would make me a scape goat for interfering and asked the two men to arrest me. The defendant (Abbo) pulled me by the hair and pushed me downstairs to the car. I called to tell my mother that I was being arrested.
“While in the car, the people on the premises told the defendant (Abbo) that he needed to report to the police on the premises before he could leave but he refused and the security guards in the plaza had to lock the gate.
Warmate said that it took much pleading from her mother before Abbo let her go. Speaking further, Warmate said the beating gave her intense body pains prompting her to visit the hospital and an eye clinic. She also reported the matter to the police.
During cross examination Warmate said she did not record the fracas but obtained it from the shop owner. According to her, the video tendered as evidence was only an abridged version of the whole incident.
The second witness, a female police officer said she took statements from Warmate, the 2 people present at the scene of the incident as well as Warmate’s mother, Alaba Udeme.
According to the police officer, she could not obtain the CCTV of the shop since it had remained closed. She therefore relied on a disc given to her by Warmate.
Tendered as evidence were a video of Abbo’s public apology, and a report by the hospital where the victim was treated.
The court ruled that the video of the public apology by Senator Abbo is not an admission of guild as it was a confessional statement.
According to the magistrate, the testimony of the victim is “so weak because the allegation has not been substantiated in any particular material.”
The court added that the police investigation was shoddy as it relied only on the victim’s statement.
The presiding magistrate added that “the Investigating police officer (IPO) did not investigate this case at all or she just charged the defendant to court via First Information Report (FIR) without due care and attention.
“In facts has succeeded in creating a doubt in the mind of the court during cross-examination and he Supreme Court held that where there is doubt in a criminal trial, such donut should be resolved in in favour of the defendant.
The magistrate stressed that the court will base its judgment on on the law and not logic or media reports adding that he who alleges must prove.
He therefore included that “the defendant is hereby discharged under Section 303 (3) (c) and (d) of the ACJA 2015.”
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