Ibinabo Fiberesima's appeal of her 5-yr jail term, has reportedly been dismissed by a Lagos High Court, today, Friday, March 11, 2016.
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."
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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