I have watched a closed – circuit television (CCTV) footage which shown Senator Abbo repeatedly hitting a woman he identified as Bibra after he asked the policemen attached to him to arrest her. I have also watched the Senator Abbo press briefing admitting the act and apologising to the Nigerians, women, his party, victim, etc and I to make my own input to the matter.
It is unfortunate and very embarrassing for a distinguished senator to have behaved and acted in such manner thereby resulting in a lawmaker becoming a lawbreaker and now facing prosecution by law enforcement agents. It is very shameful for the 9th Assembly. It is my belief that the law of the land must take its full course on him.
First and foremost, what is the position of the law on assault? Going by the provision of Section 29 (225) of the Criminal Code Act (2004), “Any person who unlawfully assaults another and thereby does him harm is guilty of a felony, and is liable to imprisonment for three years.” Chapter 25 (252) of the Act says, “A person who strikes, touches, or otherwise applies force on any kind to, the person of another, either directly or indirectly, without his consent, or with his consent, if the consent is obtained by fraud or who by any boldly act or gesture attempts or threatens to apply force of any kind to the person or of another without his consent, in such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person, and the act is called an assault.”
The term ‘applies force’ includes the case of applying heat, light, electrical force, gas, odour, or any other substance of thing whatever, if applies on such a degree as of cause injury or personal discomfort. The Act further says in subsection 253 that “an assault is unlawful, and constitutes an offence unless it is authorised or justified by law.” Therefore, the crucial question arising is this, can Senator Abbo’s defence save him in the circumstances? According to his response in the press interview, he claimed that the video was edited. He further said it did not capture the moment when he was assaulted. He alleged that his sister not his girlfriend as other claimed had been beaten at the sex toy before his attention was called, even if the full footage shows that Abbo was also assaulted. He should have, as required of him as a law abiding citizen and the senator, reported the act to the appropriate authority rather than this rubbish.
On the contrary, he took the law into his hands and that’s the reason the law must take its full course on him. The senator further claimed that he was also assaulted then whoever assaulted him is liable to imprisonment for three years as sub-section 353 of the Act states which I now reproduce, “any person who unlawfully and indecently assaults any male person is guilty of a felony and is liable to imprisonment for three years.”
It is my opinion that Senator Abbo behaved immaturely and must be prosecuted in the competent court of jurisdiction as his apology has nothing to do with the gravity of the offence he committed which ought to serve as a deterrent to other culprits like him in power and society, even as an Ambassador of Christ as he claimed which offends the spirit and teaching of our Lord and Saviour Jesus Christ in the Holy Bible. “Seeth thou a Man faithful in his work, he shall stand in the midst of men not in the mean men.”
Barrister Johnson Oye Oyewole; [email protected]
