31st July, 2020
A Magistrate Court in Zuba, Abuja has struck out assault case instituted against Adamawa-North lawmaker Senator Elisha Abbo by the police.
Abbo was filmed assaulting a woman Osimibibra Warmate at an adult toy shop on May 11, 2019.
In a copy of judgment obtained by PUNCH, Magistrate Abdullahi Ilelah who upheld a no-case submission filed by Abbo said the police failed to prove beyond reasonable doubt that the lawmaker assaulted Warmate.
Warmate and a police officer Mary Daniel, who investigated the matter, had testified against Abbo.
Under cross-examination, Warmate admitted that she was not a nursing mother at the time of the incident as widely reported.
The prosecution team also presented as evidence Abbo’s public apology and a report signed by a doctor Ambrose Ibegbule who treated the victim.
After the prosecution ended its case, Abbo filed a no-case submission, asking the court to dismiss the charges preferred against him.
The magistrate then ruled: “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 said the medical report of Mega Sight Eye Clinic did not disclose in detail what happened to the victim and Dr. Ibegbule who wrote the report was not called as a witness.
The court said Abbo did not admit guilt in the press conference he held to apologise for the incident.
It further said the police failed to properly investigate the case, depending solely on the victim’s statement.