The Court of Appeal in Lagos on Friday,
dismisjsed an appeal by Nollywood actress
Ibinabo Fiberesima challenging a jail term
slammed on her by a Lagos High Court.
The News Agency of Nigeria (NAN) reports that
Ibinabo was sentenced to five years
imprisonment by Justice Deborah Oluwayemi of
a Lagos High Court for reckless driving which
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.
The deceased was said to be 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.
NAN further reports that the judgment of the
magistrate was,however, set aside by the high
court which replaced the option of fine with a
jail term.
Dissatisfied, Fiberesima had filed an appeal
through her lawyer, Mr Nnaemeka Amaechina,
urging the court to set aside the five-year
sentence.
Delivering judgment on Friday, the appellate
court dismissed Fiberisima's appeal and affirmed
the decision of the Lagos High Court.
In a unanimous decision delivered by Justice
Jamilu Yammama Tukur, the court held that the
trial Magistrate Court lacked the discretion to
have granted Ibinabo an option of fine having
been convicted.
The court further held that the appeal lacked
merit and consequently dismissed it.
Other members of the panel are Justice U.I.
Ndukwe-Anyanwu (presiding) and Justice Tijani
Abubakar.
It will be recalled that the appellate court had
earlier ordered the appellant to appear before it
when judgement was to be delivered.
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.
Oluwayemi had held that Sections 28 of the
Traffic Law under which the accused was
convicted did not give an option of fine.
http://www.theheraldng.com/wp-content/uploads/2014/07/Ibinabo-Fiberesima-1-Africanmoviesnews-300x209@2x.jpg
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. (NAN)
dismisjsed an appeal by Nollywood actress
Ibinabo Fiberesima challenging a jail term
slammed on her by a Lagos High Court.
The News Agency of Nigeria (NAN) reports that
Ibinabo was sentenced to five years
imprisonment by Justice Deborah Oluwayemi of
a Lagos High Court for reckless driving which
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.
The deceased was said to be 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.
NAN further reports that the judgment of the
magistrate was,however, set aside by the high
court which replaced the option of fine with a
jail term.
Dissatisfied, Fiberesima had filed an appeal
through her lawyer, Mr Nnaemeka Amaechina,
urging the court to set aside the five-year
sentence.
Delivering judgment on Friday, the appellate
court dismissed Fiberisima's appeal and affirmed
the decision of the Lagos High Court.
In a unanimous decision delivered by Justice
Jamilu Yammama Tukur, the court held that the
trial Magistrate Court lacked the discretion to
have granted Ibinabo an option of fine having
been convicted.
The court further held that the appeal lacked
merit and consequently dismissed it.
Other members of the panel are Justice U.I.
Ndukwe-Anyanwu (presiding) and Justice Tijani
Abubakar.
It will be recalled that the appellate court had
earlier ordered the appellant to appear before it
when judgement was to be delivered.
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.
Oluwayemi had held that Sections 28 of the
Traffic Law under which the accused was
convicted did not give an option of fine.
http://www.theheraldng.com/wp-content/uploads/2014/07/Ibinabo-Fiberesima-1-Africanmoviesnews-300x209@2x.jpg
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. (NAN)
COMMENTS