The court of appeal has affirmed the judgment of Lagos high court which sentenced star actress and President of Actors Guild of Nigeria(AGN) Ibinabo Fiberesima to five years imprisonment for the death of one Dr. Giwa Suraj.
The appeal that was filed by the star actress challenging the sentence which was handed down on her by Justice Deborah Oluwayemi for reckless driving which caused the death of one Dr. Giwa Surah was dismissed.
The deceased was said to be a staff of a Lagos state’s hospital.
In the same vein, the court also dismissed the sentence of a Magistrate Court which had earlier awarded a fine of N100,000 on the actress.
The appeal court held that the Magistrate lack the discretion to grant the beauty queen 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.
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.
Oluwayemi had held that Sections 28 of the Traffic Law under which the accused was convicted did not give an option of fine.
She held that “when a term of imprisonment is mandatory for an offence the court cannot and should not give an option of fine.” She insisted that the fine did not serve the purpose of justice in the case and subsequently ordered that the N100, 000 be returned to the appellant.
The Court of Appeal sitting in Lagos on Friday, has affirmed the decision dismissed an appeal by Nollywood actress Ibinabo Fiberesima challenging a jail term slammed on her by a Lagos High Court.
Counsel to the appellant, Amaechina, said the judgment will be challenged at the Supreme Court, adding that a notice of appeal had already been filed.
Justice Oluwayemi of the trial court had held that the magistrate exercised “judicial recklessness” when he gave the convict an option of fine. The court noted that the trial Magistrate must have misdirected himself based on the allocutus made by the counsel to the convict that she is a working mother.