Ibinabo Fiberesima Declared Guilty of Manslaughter

Ibinabo Fiberesima Declared Guilty of Manslaughter

By Correspondent

Except the Supreme Court of Nigeria rules otherwise, the decision of the Lagos division of the Court of Appeal which sat in Igbosere may become binding on a former beauty queen, Ibinabo Fiberesima. Prior to the decision of the appellate court, a Lagos High Court presided over by Justice Deborah Oluwayemi, had sentenced the one-time beauty queen to five years imprisonment for manslaughter. The lower court specifically convicted Fiberesima for the offence of manslaughter, when it declared that the beauty queen’s reckless driving was responsible for the death of one Dr. Giwa Suraj on the Lekki-Epe Expressway. The lower court judge had also thrown out the verdict of a Lagos State Magistrate’s Court in Igbosere which had earlier ordered Fiberesima to pay a fine in the sum of N100, 000 for the offence. Justice Oluwayemi specifically directed that the N100, 000 should be returned to the beauty queen and that she should proceed to a five-year jail term. But Fiberesima was not contented with this decision, prompting her to head for the Appeal Court, with a demand, that the high court’s decision be upturned. However, in an overwhelming decision on Friday, March 11, 2016, the Court of Appeal in a lead judgment by Justice Jamilu Tukur, dismantled Fiberesima’s notice of appeal and declared it lacking in merit. The Court of Appeal further held that the magistrate court, which ordered Fiberesima to pay an N100, 000 fine after conviction, misused its discretion. The Appeal Court also upheld the reasoning of the lower court judge who had earlier described the magistrate court decision as judicial recklessness. The Court of Appeal also refused the argument posed by Fiberesima, that the Magistrate Court’s decision was in line and that the high court had no grounds to review it. The appellate court, while ruling in agreement with the High Court that the N100, 000 imposed on Fiberesima did not serve the purpose of justice, 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. It would be recalled, that Justice Oluwayemi had, some time in 2009, sent the former beauty queen on a five-year prison journey for manslaughter, for the death of a medical doctor, Suraj Giwa, sequel to an auto accident in 2006 along the Lekki-Epe Expressway.

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