Manslaughter: Actress Ibinabo Bags 5-Year Jail Term
Nollywood actress Ibinabo Fiberesima, has been sentenced to five years imprisonment over reckless driving, resulting to the death of a hospital staff, Giwa Saraki.
The judgement was confirmed by the Appeal Court in Lagos on Friday, dismissing an appeal she filed challenging a jail term slammed on her by a Lagos High Court.
Ibinabo was sentenced to five years imprisonment by Justice Deborah Oluwayemi of a Lagos High Court for reckless driving which led to the death of a hospital staff.
She was alleged to have driven her car recklessly on the Lekki-Epe Expressway and knocked down a man, Giwa Suraj, a staff of a Lagos state’s hospital.
A Magistrate Court (Court of First Instance) had earlier given the appellant an option of N100,000 fine for the offence, a judgment, which was, however, set aside by the High Court, replacing the option of fine with a jail term.
The actress, who was not satisfied by the judgement, filed an appeal through her lawyer, Mr Nnaemeka Amaechina, urging the court to set aside the five-year sentence. The appellate court dismissed Fiberisima’s appeal and affirmed the decision of the Lagos High Court.
The court, in a unanimous decision delivered by Justice Jamilu Yammama Tukur, held that the trial Magistrate Court lacked the discretion to have granted Ibinabo an option of fine, having been convicted, sstressing hat the appeal lacked merit and consequently dismissed it.
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, noting 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.
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.