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| IBINABO FIBERESIMA |
I have an issue with this case, it's been 10 years or so, Ibinabo should have learnt her lesson by now, drinking and driving is bad, the only place I blame her is if it's true that she has not gone to see the family since after the first judgement, that part I'm not happy and then to the family of the deceased I plead they should let this case die, even if she is sentenced to 10 or 20 years it won't bring back the dead. I plead they should have Mercy, I don't know her and she doesn't know me but I feel because she is a mother and a career woman, the least they should do, should be house arrest and not jailed. For most of us who don't know about the story it's quite lengthy but just read and give your input.
On Sunday 26th of February 2006 around 11 pm, the ex beauty queen, actress and singer caused a fatal car accident in which Alhaji Suraj Giwa, a medical director with the Lagos State University Teaching Hospital, was killed on the spot.
It appeared at first that the actress and the persons aboard a borrowed Lexus Jeep had fled the scene before the arrival of the Police. The car was found empty of its passengers.
The Jeep was speeding away and the actress lost control of the vehicle trying to brake too late.
On Friday 3rd of March 2006, Fiberesima was arraigned at Igbosere Magistrate Court on two counts of manslaughter and dangerous driving charges. Later on, the Police confirmed that she would stay under surveillance the time to recuperate from her injuries before she can face the criminal charges against her.
The deceased was buried on Tuesday 28th of February 2006 with Police officials in the attendance as well as other dignitaries.
Rumour has it, Daniel Wilson has attempted to settle amicably with the family of the deceased to no avail. A brother of the victim who was aboard the car at the time of the accident has released a statement to the media emphasizing the family’s determination to pursue criminal charges against the actress in a Court of Law.
This is how things look now from the court:
JUSTICE Deborah Oluwayemi of a Lagos High Court has sentenced a former beauty queen and popular actress, Ms. Ibinabo Fiberesima, to five years imprisonment for manslaughter, involving the death of a medical doctor, Mr. Suraj Giwa.
Delivering her judgment in an appeal by the Lagos State Government against the verdict of an Igbosere Magistrate's Court on Friday, Justice Oluwayemi held that the N100,000 fine imposed by the lower court on Fiberesima was tantamount to judicial recklessness.
According to the judge, it is unreasonable for a magistrate to give an option of N100,000 fine to someone who has taken the life of another person through dangerous driving.
The judge added that Section 28 of the Road Traffic Law, Cap R10 Laws of Lagos State, and 2003 on which the convict was found guilty, did not give an option of fine.
Justice Oluwayemi held that the magistrate misdirected himself and might have been confused by the allocution (plea for leniency) by the lawyer to the convict that the ex-beauty queen was a working mother.
She added that when the term of imprisonment was mandatory, the court could not change it.
She said, "I hold that the magistrate exercised judicial recklessness in giving her option of fine when such is not contained in the traffic law.
"I wonder why the magistrate regards N100,000 as an option for someone who caused the death of another person by dangerous driving. Discretion should be exercised judicially and not recklessly.
"The nature of the offence is so grave that I do not know how he (the magistrate) came about with an option of fine. Justice is a three-way affair.
"N100,000 fine is not a reasonable judgment for someone who has taken the life of another person.
"I hereby set aside the judgment of the magistrate's court and impose five years imprisonment on the convict.
"I also order that the N100,000 fine paid by the convict should be returned to her."
The Commissioner of Police, Lagos State Command, had in 2005 charged Fiberesima to the Igbosere Magistrate's Court on a two-count charge of dangerous and reckless driving on the Epe Expressway, Lagos, that led to Giwa's death.
In his judgment, Magistrate Isaacs found Fiberesima guilty on the two -count charge and sentenced her to seven years imprisonment for count one and two years imprisonment for counts two.
The magistrate, however, gave the convict the option of paying N100,000 fine to regain her freedom. The ex-beauty queen reportedly paid the fine and was let off the hook.
But the Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore (SAN), was dissatisfied with the sentence of Magistrate Isaacs and filed a notice of appeal at the Lagos High Court.
The Lagos AG added that the magistrate's court had wrongfully exercised its discretion in a matter that attracts seven years' imprisonment without an option of fine.
The Lagos AG, therefore, urged the court to set aside the lower court's verdict and give an appropriate sentence.
But Fiberesima had in her statement of defence by her lawyer, Mr. Lanre Lambo, argued that the lower court had the opportunity to impartially observe her demeanour throughout the trial period before given her the option of fine.
Meanwhile, Fiberesima's friend, also an actor, Mr. Fred Amata, has denied the conviction.
Amata, in a telephone interview with our correspondent, said he was not aware that his friend had been sentenced.
Another source who described himself as her lawyer also denied the report.
"The matter has currently gone beyond the High Court. It is not for the High Courts to decide as things stand now," he said.
The President of the Actors Guild of Nigeria, Mr. Ejike Asiegbu, when contacted, expressed surprise at the turn of events and promised to confirm the story.
Fiberesima could not be reached as her phone was switched off most of the weekend.
Actress Ibinabo Fiberesima has been slammed a 5-year jail term by The Court of Appeal in Lagos on Friday. Justice Jamilu Yammama Tukur delivered the decision on Friday, saying that the appeal was shallow and lacked merit.
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