The Court of Appeal Lagos Division, Friday dismissed an appeal
filed by ex beauty queen, Ibinabo Fiberesima challenging a Lagos
High Court judgement which sentenced her to serve five years in
prison for the death of one Dr. Giwa Suraj.
The embattled president of the Actors’ Guild of Nigeria (AGN) was
sentenced by Justice Deborah Oluwayemi for reckless driving
which caused the death of Suraj in an auto accident along the
Lekki-Epe Expressway, Lagos.
He was a staff of a Lagos State hospital.
Dissatisfied, Fiberesima in her amended appellant brief filed by her
lawyer, Nnaemeka Amaechina, urged the court to set aside the
sentence and restore the decision of the Magistrate Court which
sentenced her to a N100, 000 fine.
But, delivering judgment Friday, the appellate court dismissed the
appeal and affirmed the High Court’s judgment.
In a unanimous decision delivered by Justice Jamilu Yammama
Tukur the court held that the trial Magistrate Court lacked the
discretion to grant Ibinabo an option of fine after her conviction.
It held further that the appeal lacked merit and thereby dismissed it
accordingly.
Other members of the panel are Justice U.I. Ndukwe-Anyanwu
(Mrs.) (presiding) and Justice Tijani Abubakar respectively.
Ibinabo, who was visibly apprehensive throughout the proceeding,
burst into tears immediately the judgment was delivered.
The court had, at its last sitting, ordered her to appear before it on
judgement day.
Speaking on the judgement, her lawyer, Nnaemeka Amaechina,
said it would be challenged at the Supreme Court adding that a
Notice of Appeal had been filed already.
The Commissioner of Police, Lagos State Command had in 2005
charged Fiberesima to an Igbosere Magistrates’ Court on a two-
count charge of dangerous and reckless driving along the Lekki-
Epe Expressway, Lagos which resulted in the death of Suraj.
She was awarded a N100, 000 fine by the Court, but this decision
was tested at the High Court by the Lagos State Government.
At the High Court, Justice Oluwayemi set aside the option of N100,
000 fine imposed and sentenced Fiberesima to five years
imprisonment for dangerous and reckless driving.
She held that the trial Magistrate exercised judicial recklessness
when he gave the convict an option of N100, 000 fine and this did
not serve the purpose of justice.
She subsequently ordered that the N100, 000 should be returned to
Fiberesima.
The court added that Section 28 of the Road Traffic Law clearly
provides that where a reckless and dangerous driving has caused
the death of a person, the accused person shall be guilty of an
offence and is liable on conviction to imprisonment of seven years.
Dissatisfied, Fiberesima in her amended appellant brief filed by her
lawyer, Nnaemeka Amaechina before the Court of Appeal urged the
court to set aside the five year sentence and restore the decision of
the Magistrate Court.
Amaechina had argued that the Magistrate’s Court exercised its
discretion properly and there was no ground to review it by the high
court.
He submitted that by virtue of the Notice of Increased in
Jurisdiction of Magistrates, No. 7 of 2006, the trial Magistrate could
only impose a maximum of 7 years imprisonment or N100, 000.00
fine.
He added that N100, 000.00 fine is the maximum limit the trial
Magistrate can impose as fine and that was what it imposed on the
appellant.
In her response, counsel to Lagos State, Rotimi Odutola (Mrs.)
argued that the law creating the offence of dangerous driving
causing death has provided for a term of imprisonment as
punishment for anyone convicted under section 28 hence the trial
Magistrate ought not to exercise such arbitrary discretion to
impose N100.000.00 as fine.
Odutola further submitted that the children of the deceased have
been permanently deprived of the ‘’measureless contributions’’ of
their father to their lives as a result of his death caused by the appellant.

Source: The Nation