For someone who caused the death of another person by dangerous driving, discretion should be exercised judicially and not recklessly.

Ibinabo Fiberesima “The nature of the offence is so grave that I do not know how he (the magistrate) came about 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.
“1 also order that the N100,000 fine paid by the convict should not be returned to her.”— Justice Oluwayemi

IT’s no longer news that ex- beauty queen and star actress, Ibinabo Fiberesima was last Friday sentenced to a five year prison term by Justice Deborah Oluwayemi of the Lagos High Court for manslaughter involving the death of a medical doctor, Dr. Suraj Giwa.

The sentence stemmed from an appeal by the Lagos state Government against the verdict of an Igbosere magistrate court which had earlier given Ibinabo a seven jail term or a fine of N100,000.00

That sentence triggered a horrendous health issue which has landed Ibinabo at an undisclosed hospital with doctors battling frantically to save her life.

Beyond that, her family has also risen to the occasion and their lawyers have filed a motion for stay of execution of the judgement. This motion will come up for hearing at a Lagos High court on March 19, 2009. The suit No. LCD/4CA/07 is handled by the family lawyers, Kamalu, Wodu &Associates as well as the appeal.

This means that the actress will not be arrested or committed to jail pending the determination of the motion for stay of execution and bail pending her appeal.

According to her family, While Ibinabo is not asking for preferential treatment in this ordeal, she is asking all, for their kind understanding as battles for and her through equity and justice.

The Commissioner of Police, Lagos State Command, had in 2005 charged Fiberesirna 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 payingN100,000 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. 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.

Last week Friday justice prevailed in favour of Lagos State when Justice Deborah Oluwayemi of a Lagos High Court sentenced the former beauty queen and popular actress, to a five years imprisonment for manslaughter, involving the death of the medical doctor, Mr. Suraj Giwa.

Delivering her judgment in the appeal filed by the Lagos State Government against the verdict of the 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’s unreasonable for a magistrate to give an option of NI00,000 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 RIO Laws of Lagos State, 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 illocution (plea for leniency) by the lawyer to the convict the ex-beauty queen who was a working mother.

She added that when the term of imprisonment was mandatory, the court could not change it
She said. ‘1 hold that the magistrate exercised judicial recklessness in giving her option of fine when such is not contained in the traffic law.

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 not be returned to her.”