Court which sentenced star actress and former beauty Queen, Ibinabo Fiberesima to five years’ imprisonment for the death of one Dr Giwa Suraj.
The deceased was a staff in one of the Lagos state’s hospitals.
In a unanimous decision delivered by Justice Jamilu Yammama Tukur, the court also dismissed the sentence of a Magistrate Court which had earlier awarded a N100, 000 fine on the actress.
The Appeal Court held that the Magistrate lacked the discretion to grant Ibinabo the option of a fine upon conviction.
Immediately, the judgment was delivered, Ibinabo who was visibly apprehensive throughout the proceeding burst into tears and wept furiously.
The court had earlier ordered that she must appear before it when judgement is to be delivered.
Speaking on the judgement, her lawyer, Nnaemeka Amaechina, said that the judgment would be challenged at the Supreme Court adding that a Notice of Appeal had already been filed.
Fiberesima had earlier been awarded a N100, 000 fine by an Igbosere Magistrate’s Court, but the then Lagos State Attorney-General and Commissioner of justice, Supo Sasore (SAN), felt unsatisfied with the judgement. This prompted the state government to take its case to the Lagos High Court.
At the Lagos High Court, Justice Oluwayemi set aside the option of fine imposed by the Magistrate’s Court and sentenced Fiberesima to five years’ imprisonment for dangerous and reckless driving.
In her judgment, Justice Oluwayemi held that the trial Magistrate exercised judicial recklessness when he gave the convict an option of fine.
The court held that the option of N100, 000 given to the convict did not serve the purpose of justice in the matter and subsequently ordered that the N100, 000 should be returned back to Ibinabo Fiberesima.

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