Today, the Court of Appeal, Lagos Division, upheld the judgement of a
Lagos High Court which sentenced Fiberesima to five years imprisonment
for the death of one Dr Giwa Suraj, in an auto accident along the
Lekki-Epe expressway, Lagos in 2005.
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, Fiberesima, who was visibly
apprehensive throughout the proceeding burst into tears and wept
furiously. Her lawyer, Nnaemeka Amaechina, said that the judgment would
be challenged at the Supreme Court.
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 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 7 years.
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 Fiberesima.
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