Nollywood actress Ibinabo Fiberesima to spend 5 years in jail, Appeal Court affirms

Ms. Fiberesima

The Court of Appeal in Lagos on Friday, March 11, dismissed an appeal by Nollywood actress Ibinabo Fiberesima challenging a jail term slammed on her by a Lagos High Court.

Ms. Fiberesima was challenging the judgment of Justice Deborah Oluwayemi that had sentenced her to five years imprisonment for a driving accident, which led to the death of Dr. Giwa Suraj.

She was alleged to have driven her car recklessly on the Lekki-Epe Expressway knocking down Suraj, a staff of a hospital in Lagos State. The state government took the case to the Igbosere Magistrate Court.

Delivering judgment, the Magistrate Court gave the appellant an option of N100,000 fine for the offence. However, the then Lagos State Attorney-General and Commissioner of Justice, Supo Sasore (SAN), felt dissatisfied with the judgment and the state government took the case to the Lagos State High Court.

The High Court replaced the option of fine with a jail term. Disagreeing with the judgment of the High Court, the actress filed an appeal through her lawyer, Nnaemeka Amaechina, urging the court to set aside the five-year sentence.

In a unanimous decision delivered by Justice Jamilu Yammama Tukur, the appellate court dismissed Ms. Fiberisima’s appeal and affirmed the decision of the Lagos High Court. The court held that the Magistrate Court lacked the discretion to have granted Ms. Ibinabo an option of fine, having been convicted. 

The court further held that the appeal lacked merit and consequently dismissed it.

Justice Oluwayemi of the trial court held that the magistrate exercised “judicial recklessness” when he gave the convict an option of fine. She held that Sections 28 of the Traffic Law under which the accused was convicted did not give an option of fine.

“When a term of imprisonment is mandatory for an offence, the court cannot and should not give an option of fine,” she said.

She added that the fine did not serve the purpose of justice in the case and subsequently ordered that the N100, 000 be returned to the appellant.

Mr. Amaechina said the judgment would be challenged at the Supreme Court, adding that a notice of appeal had already been filed.