Senator Ishaku Elisha Abbo, representing the Adamawa North Senatorial District has won the case of assault instituted against him before a Magistrate Court in Zuba, Abuja by the Nigeria Police Force.
According to a THE PUNCH in a copy of the judgment obtained 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.
The case with suit number CR/010/2019 spanned from July 8, 2019, till June 18, 2020.
The court said the video of the press conference showing Senator Abbo apologising was not tantamount to an admission of guilt as it wasn’t a confessional statement.
Ilelah said the testimony of the victim was “so weak because the allegation has not been substantiated in any material particular.”
The court said the police did not do a proper investigation as it relied solely on the statement of the victim.
The magistrate stated, “The IPO (Investigating Police Officer) did not investigate this case at all or she just charged the defendant to court via the F.I.R (First Information Report) without due care and attention. In fact, she has succeeded in creating a doubt in the mind of this court during cross-examination and the Supreme Court held that where there is a doubt in a criminal trial, such doubt should be resolved in favour of the defendant.”
He said the court would rely on the law and not logic or media reports because he who alleges must prove.
“The defendant is hereby discharged under Section 303(3)(c) and (d) of the ACJA 2015,” the magistrate said.
Daily Times report that, the nominal complainant, Mrs Warmate Osimibibra and the investigating officer, ASP Mary Daniel were the two witnesses that testified against Senator Abbo.