Court upholds actress' 5-year jail term

March 11, 2016 9:31 PM

The news reports reveal that the Nollywood actress had been sentenced to five years imprisonment by Justice Deborah Oluwayemi presiding over a Lagos High Court for reckless driving resulting in the death of a hospital staff of a Lagos State hospital.

The Nollywood actress had been sentenced to five years imprisonment by Justice Deborah Oluwayemi presiding over a Lagos High Court for reckless driving, resulting in the death of a hospital staff of a Lagos State hospital.

Fiberesima had allegedly driven her car recklessly along the Lekki-Epe Expressway when she knocked down a man, Giwa Suraj.

The News Agency of Nigeria (NAN), reports that a Magistrate court of first instance had earlier handed the appellant an option of N100,000 fine for the offence.

The reports reveal that the judgment of the magistrate had been set aside by the high court, replacing the option of fine with a five-year jail term.

Fiberesima had then filed an appeal through her lawyer, Mr Nnaemeka Amaechina, appealing to the court to set aside the five-year sentence.

The appellate court had dismissed Fiberisima's appeal, reaffirming the decision unanimous decision of the Lagos High Court, delivered by Justice Jamilu Yammama Tukur.

The court's reasons being that the trial Magistrate Court lacked the appropriate discretion to have granted Ibinabo an option of fine following her conviction, adding that the appeal lacked merit, dismissing it.

Other members of the panel included, Justice U.I. Ndukwe-Anyanwu (presiding) and Justice Tijani Abubakar.

Justice Oluwayemi of the trial court added that the magistrate had exercised "judicial recklessness" when he decided to give Fiberesima an option of a fine.

The court noted that the trial court may have based its decision on the allocutus made by the counsel to the convict being that she is a working mother.

Justice Oluwayemi argued that Sections 28 of the Traffic Law under which Fiberesima had been convicted, did not give an option of fine.

She said:

"When a term of imprisonment is mandatory for an offence, the court cannot and should not give an option of fine."

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Justice Oluwayemi insisted that the fine would not have served the purpose of justice in the case, adding that the N100,000 be returned to the appellant.