The Lagos Division of the Court of Appeal has upheld the judgement of a Lagos State High Court sentencing an ex-beauty queen, Ibinabo Fiberesima, to five years imprisonment for manslaughter.
The lower court presided over by Justice Deborah Oluwayemi had convicted Fiberesima of manslaughter, ruling that the actress’ reckless driving was responsible for the death of one Dr. Giwa Suraj on the Lekki-Epe Expressway.
Justice Oluwayemi had set aside the verdict of a Lagos State Magistrate’s Court in Igbosere which earlier ordered Fiberesima to pay a fine of N100, 000 for the offence.
However, Fiberesima, not pleased, headed for the Court of Appeal seeking to upturn the verdict.
But in a unanimous decision on Friday, a three-man appellate court panel, in a lead judgement by Justice Jamilu Tukur, dismissed Fiberesima’s notice of appeal adjudging it as lacking in merit.
The panel, comprising Justices U.I. Ndukwe-Anyanwu and Justice Tijani Abubakar, said the magistrate court, which ordered Fiberesima to pay a N100, 000 fine after conviction, misused its discretion.
The appellate court aligned with the reasoning of Justice Oluwayemi, who described the magistrate’s verdict as judicial recklessness.
It rejected argument by Fiberesima, through her lawyer, Nnaemeka Amaechina, that the magistrate’s verdict was in line and that the high court had no grounds to review it.
The appellate court agreed with Justice Oluwayemi that the N100, 000 imposed on Fiberesima did not serve the purpose of justice.
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.
Upon being handed the Appeal Court verdict on Friday, Fiberesima, who was present in court on the order of the panel, burst into tears.
-Punchng