Court Strikes Out Adult Toyshop Assault Suit Against Senator Elisha Abbo
Adamawa-North lawmaker, Senator Elisha Abbo, has won the case of assault instituted against him before a Magistrate Court in Zuba, Abuja by the Nigeria Police Force.
This is coming despite a viral video showing Abbo assaulting a woman, Osimibibra Warmate; and a televised press conference in which the lawmaker apologised to the victim.
According to a copy of the judgment obtained by The PunchNG.com, the Magistrate, Abdullahi Ilelah, who upheld a no-case submission filed by Abbo, said the police failed to prove beyond a reasonable doubt that the lawmaker assaulted Warmate on May 11, 2019 in an adult s3xtoy shop.
The case with suit number CR/010/2019 spanned from July 8, 2019, till June 18, 2020.
Even with such startling proof as a CCTV footage,a judge,the people with the acclaimed "last hope of the common man" still went ahead to strike out the case. Little wonder we aren't being respected
I can't even argue it out when we are being called a sh*t hole
What other evidence does the judge need for the prosecution to prove it's case? Maybe a lifeless body. It was all caught on camera. This country is a joke. No justice for the common man, shame.
For the people shouting that PMB ignored court instructions during ome of the Gates, I hope tou now see the reason. With clear evidence, the court still struck it out and we will be condemning jungle justice, see why pple have no regards for authorities in our country. Hmmmm.....
Something is definitely wrong somewhere, if this report is accurate, because where a no case submission is made, the court is not expected to evaluate the evidence tendered to see if the prosecution has proved its case beyond reasonable doubt. Rather the court is called upon to determine if a PRIMA FACIE case has been established by the prosecution to warrant further hearing.
Prima facie case simply means that there exists evidence, regardless of how minuscule, linking the defendant to the alleged offence. The criminal standard of proof which is proof beyond reasonable doubt cannot be applied here because, for all intent and purposes, the case is still at an interlocutory stage.
Assuming the magistrate held that "the evidence so far adduced is insufficient to justify further hearing", I may have argued that perhaps, the video footage showing the assault was not tendered. Remember, just because it was displayed for all to see on the internet, doesn't mean it was tendered in court. Besides, there is a certain procedure prescribed by the Evidence Act which must be followed in court when tendering a computer generated document or video evidence. If the guidelines are not followed, the video evidence can't be accepted as an Exhibit by the court. It's standard procedure, but I don't think that's the case here. It's either the magistrate lacks a steady grip of the Nigerian criminal procedure or the court has been compromised. Both scenarios are equally lethal.
Na wa o this life no balance. Something that we all saw via the CCTV Camera. It is obvious the presiding Judge palm has been greased with cool cash. Shithole judicial system that only favours the Rich.
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Even with such startling proof as a CCTV footage,a judge,the people with the acclaimed "last hope of the common man" still went ahead to strike out the case.
ReplyDeleteLittle wonder we aren't being respected
I can't even argue it out when we are being called a sh*t hole
What other evidence does the judge need
Deletefor the prosecution to prove it's case? Maybe a lifeless body. It was all caught on camera. This country is a joke. No justice for the common man, shame.
For the people shouting that PMB ignored court instructions during ome of the Gates, I hope tou now see the reason.
ReplyDeleteWith clear evidence, the court still struck it out and we will be condemning jungle justice, see why pple have no regards for authorities in our country. Hmmmm.....
Very annoying
DeleteThis country na wa 🙄🙄🙄
ReplyDeleteNa wa. Even with the evidence.
ReplyDeleteThis is not nice at all
ReplyDeleteThis man will not end well.
ReplyDeleteEven with video evidence?! There is no justice in this country. Well only for the rich I guess
ReplyDeleteWith all the evidence 😲😲😲😲.. I give up on our judiciary. 🚶🚶🚶🚶
ReplyDeleteI thought you were in Jerusalem
DeleteOga o, the justice system in naija has become something else. So the viral video is not evident enough abi, SMH.
ReplyDeleteThis our country weak me.Atimes I wonder what we have done wrong!!
DeleteWhen u dont have money in this country eh, ure just finished
ReplyDeleteYeah kangaroo republic
DeleteWe don't have a country.
ReplyDeleteThere was a country
DeleteSomething is definitely wrong somewhere, if this report is accurate, because where a no case submission is made, the court is not expected to evaluate the evidence tendered to see if the prosecution has proved its case beyond reasonable doubt. Rather the court is called upon to determine if a PRIMA FACIE case has been established by the prosecution to warrant further hearing.
ReplyDeletePrima facie case simply means that there exists evidence, regardless of how minuscule, linking the defendant to the alleged offence. The criminal standard of proof which is proof beyond reasonable doubt cannot be applied here because, for all intent and purposes, the case is still at an interlocutory stage.
Assuming the magistrate held that "the evidence so far adduced is insufficient to justify further hearing", I may have argued that perhaps, the video footage showing the assault was not tendered. Remember, just because it was displayed for all to see on the internet, doesn't mean it was tendered in court. Besides, there is a certain procedure prescribed by the Evidence Act which must be followed in court when tendering a computer generated document or video evidence. If the guidelines are not followed, the video evidence can't be accepted as an Exhibit by the court. It's standard procedure, but I don't think that's the case here. It's either the magistrate lacks a steady grip of the Nigerian criminal procedure or the court has been compromised. Both scenarios are equally lethal.
Thank you for your analysis...But Nigeria is a place that love lies and hate the truth
DeleteThank you Stella for using the right word 'strike out' and not dismissal like other media houses and blogs. The matter can be relisted.
ReplyDeleteZuba magistrate court? No better court expect Zuba's? Matter don finished.
ReplyDeleteUseless law system
ReplyDeleteGod please visit all these wicked people in this country. We cannot continue like this.
ReplyDeletewhen a system is not working...shameful
ReplyDeleteWhich way naija
ReplyDeleteNa wa o this life no balance. Something that we all saw via the CCTV Camera. It is obvious the presiding Judge palm has been greased with cool cash. Shithole judicial system that only favours the Rich.
ReplyDeleteUnfortunately, the citizens cannot do anything.
ReplyDelete