Appeal-Court Sends Ibinabo Fiberesima To 5yrs Jail

The Court of Appeal, Lagos Division, has upheld
the judgement of a Lagos High Court which
sentenced star actress and former beauty Queen,
Ibinabo Fiberesima to five years' imprisonment
for the death of one Dr Giwa Suraj.
The court dismissed the appeal filed by the star
actress challenging the sentence which was
handed down by Justice Deborah Oluwayemi for
reckless driving which caused the death of one
Dr. Giwa Suraj in an auto accident along the
Lekki-Epe expressway, Lagos.

The deceased was a staff in one of the Lagos
state's hospitals.
In a unanimous decision delivered by Justice
Jamilu Yammama Tukur, the court also dismissed
the sentence of a Magistrate Court which had
earlier awarded a N100, 000 fine on the actress.
The Appeal Court held that the Magistrate lacked
the discretion to grant Ibinabo the option of a fine
upon conviction.
Immediately, the judgment was delivered,
Ibinabo who was visibly apprehensive throughout
the proceeding burst into tears and wept
furiously.
The court had earlier ordered that she must
appear before it when judgement is to be
delivered.
Speaking on the judgement, her lawyer,
Nnaemeka Amaechina, said that the judgment
would be challenged at the Supreme Court adding
that a Notice of Appeal had already been filed.
Fiberesima had earlier been awarded a N100, 000
fine by an Igbosere Magistrate's Court, but the
then Lagos State Attorney-General and
Commissioner of justice, Supo Sasore (SAN), felt
unsatisfied with the judgement. This prompted
the state government to take its case to the Lagos
High Court.
At the Lagos High Court, Justice Oluwayemi set
aside the option of fine imposed by the
Magistrate's Court and sentenced Fiberesima to
five years' imprisonment for dangerous and
reckless driving.
In her judgment, Justice Oluwayemi held that the
trial Magistrate exercised judicial recklessness
when he gave the convict an option of fine.
The court held that the option of N100, 000 given
to the convict did not serve the purpose of justice
in the matter and subsequently ordered that the
N100, 000 should be returned back to Ibinabo
Fiberesima.
The court added that Section 28 of the Road
Traffic Law clearly provides that where a reckless
and dangerous driving has caused the death of a
person, the accused person shall be guilty of an
offence and is liable on conviction to
imprisonment of seven years.
Dissatisfied, Fiberesima in her amended appellant
brief filed by her lawyer, Nnaemeka Amaechina
before the Court of Appeal urged the court to set
aside the five-year sentence and restore the
decision of the Magistrate Court.
Amaechina had argued that the Magistrate's
Court exercised its discretion properly and there
was no ground to review it by the High Court.
He submitted that by virtue of the Notice of
Increase in Jurisdiction of Magistrates, No. 7 of
2006, the trial Magistrate could only impose a
maximum of seven years' imprisonment or N100,
000.00 fine.
He added that N100, 000.00 fine is the maximum
limit the trial Magistrate can impose as fine and
that was what it imposed on the appellant.
In her response, counsel to Lagos State, Rotimi
Odutola (Mrs.) argued that the law creating the
offence of dangerous driving causing death has
provided for a term of imprisonment as
punishment for anyone convicted under section
28 hence the trial Magistrate ought not to
exercise such arbitrary discretion to impose
N100.000.00 as fine.
Odutola further submitted that the children of the
deceased have been permanently deprived of the
''measureless contributions'' of their father to
their lives as a result of his death caused by the
appellant.
She urged the court to uphold the judgement of
the Lagos High Court and dismiss the appeal.
The Commissioner of Police, Lagos State
Command had in 2005 charged the ex-beauty
queen [Fiberesima] to the magistrate court on a
two-count charge of dangerous and reckless
driving along Epe Expressway, Lagos which
resulted to the death of Dr. Giwa Suraj.