The Court of Appeal in Lagos, yesterday, reserved judgement in a suit filed before it by former beauty queen and Actors Guild of Nigeria President, Ibinabo Fiberesima, challenging the judgement of a Lagos High Court which sentenced her to five years imprisonment for the death of one Dr.Giwa Suraj.
The appellant was sentenced to five years imprisonment by Justice Deborah Oluwayemi for reckless driving which caused the death of a staff of a Lagos State Hospital, Dr.Suraj, in an auto accident along the Lekki-Epe expressway, Lagos.
At the resumed hearing of the appeal yesterday, the appellate court presided over by Justice U.I. Ndukwe-Anyanwu reserved judgement in the appeal after counsel of both parties adopted their written addresses. The court also ordered that the appellant, Fiberesima, who was not in court, to appear before it when judgement is to be delivered adding that the date will be communicated to the parties.
Fiberesima had earlier been awarded a N100, 000 fine by an Igbosere Magistrates’ Court, but the then Lagos State Attorney-General and Commissioner of Justice, Supo Sasore (SAN), felt unsatisfied with the judgement. This prompted the state government to take its case to the Lagos High Court. At the Lagos High court, Justice Oluwayemi set aside the option of fine imposed by the Magistrates’ Court and sentenced Fiberesima to five years imprisonment for dangerous and reckless driving.
In her judgement, Justice Oluwayemi held that the trial Magistrate exercised judicial recklessness when he gave the convict an option of fine. The court held that the option of N100, 000 given to the convict did not serve the purpose of justice in the matter and subsequently ordered a refund of N100, 000 to Ibinabo Fiberesima.
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