Senator Elisha Abbo representing Adamawa-North at the 9th National Assembly has filed an appealed for qthe N50 million compensation to a nursing mother, Osimibibra Warmate, by a Federal Capital Territory High Court, Maitama, Abuja.
The FCT High Court had ruled the judgment in favour of Ms. Osimibibra Warmate who was assaulted by the Senator in a sex toy shop video that went viral in 2019.
However, Senator Abbo in a notice of appeal on Wednesday, 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 filed by Senator Abbo reads thus 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.”
In the appeal Abbo also said that the judge erred 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 further stated that the court granting N50m compensation to the applicant was “excessive.”
Senator 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.”