The Court Appeal sitting in Lagos yesterday reserved judgment in the appeal filed by Nollyhood actress and former beauty queen, 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 court also directed that the appellant (Fiberesima) who was not in court to appear in court when judgement is to be delivered adding that the date will be communicated to the parties.
The Commissioner of Police, Lagos State Command had in 2005 charged the ex-beauty queen [Fiberesima] to the magistrate court on a two-count charge of dangerous and reckless driving along Epe Expressway, Lagos which resulted to the death of Dr. Suraj
At the Magistrate Court, Magistrate O.A Isaacs, found Fiberesima guilty on the two-count charge, sentenced her to seven years imprisonment on count one and two years imprisonment on count two or in the alternative, a fine of N100,000, and the defendant paid the fine.
But the then Lagos State Attorney-General and Commissioner of justice, Supo Sasore (SAN), felt unsatisfied with the judgement. This made the state government to file appeal before the State High Court.
At State High Court, the embattled actress was sentenced to five years imprisonment by Justice Deborah Oluwayemi on the charge preferred against her.
Being dissatisfied with Justice, Oluwayemi’s verdict, Fiberesima filed appeal by through her lawyer, Nnaemeka Amaechina urging the the Court of Appeal to set aside the five year sentence and restore the decision of the Magistrate Court.
At the hearing of the appeal yesterday, the appellate court presided over by Justice U.I. Ndukwe-Anyanwu (Mrs.) reserved judgenment in the appeal after counsel adopted their written addresses.
Adopting the brief yesterday, Counsel to the ex- beauty queen, Amaechina 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 State government, 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.
She urged the court uphold the judgement of the State High Court and dismiss the appeal.