Despite incriminating evidence, the assault case by the Nigerian Police Force against Adamawa-North lawmaker, Senator Elisha Abbo has been dismissed a Magistrate Court in Zuba, Abuja.
Abbo had been charged following a viral video which surfaced showing him assaulting a woman, Osimibibra Warmate on May 11 2019.
The case with suit number CR/010/2019 spanned from July 8, 2019, till June 18, 2020.
The victim Osimibibra Warmate was one of the witnesses who testified against Abbo alongside ASP Mary Daniel, the police investigator on the matter.
According to Warmate, she had visited her Kemi, at Pleasure Chest Sex Toy Shop, Banex Plaza, Wuse 2, Abuja on May 11, 2019, when Senator Elisha Abbo walked in with three women in tow. Warmate continued saying that one of the women who came in with Abbo had started throwing up and later vomited.
She had then received a call from her friend Kemi who pleaded with her to come back to the shop as Senator Abbo had accused her of putting something in the shops’s airconditioner and was threatening to arrest her.
While cleaning up the vomit, two policemen had walked into the shop and started assaulting Kemi who was on the phone with her dad. While trying to explain that Kemi was talking to her father, Abbo had then proceeded to punch and slap her in the face and eye for intruding.
Concluding that she had been rescued, Warmate stated that she had gotten the video evidence from the shop where the incident had occurred. The AGP had presented the statements taken from the victim, Kemi and the victim’s mum adding that the video evidence presented had been presented by the victim.
In the copy of the judgement granted by the Magistrate, Abdullahi Ilelah, he had upheld a no-case submission failed against Abbo saying that the police had failed to prove beyond a reasonable doubt that the lawmaker assaulted Warmate on May 11, 2019.
Magistrate Ilelah said, “the evidence and exhibits tendered do not disclose a prima facie case of the alleged crime of criminal force and assault against the defendant (Abbo).”
“The prosecution’s case centred on the oral evidence of PW1 (Warmate) and the two discs contained a CCTV footage of the incident and alleged video clip of an apology from the defendant (Abbo)” he continued.
He also further said that the medical report of Mega Sight Eye Clinic did not disclose in detail what had happened, adding that Dr Ambrose Ibegbule, who wrote the report was not called as a witness.
In response to the apology video of Senator Abbo, the court concluded that it wasn’t a confessional statement; hence it wasn’t an admission of guilt.
Adding that the police had failed to investigate the case relying instead on the victim’s statement, Magistrate Ilelah said the testimony of the victim was “so weak because the allegation has not been substantiated in any material particular.”
He concluded that the court relies on the law rather than logic or media reports as he who alleges must also prove. Magistrate Ilelah further said, “the defendant is hereby discharged under Section 303(3)(c) and (d) of the ACJA 2015.”