The Court of Appeal in Lagos on Thursday fixed April 7 to hear a bail application by Actors Guild of Nigeria (AGN), Ibinabo Fiberesima, who was jailed five years for manslaughter.
Ibinabo was sentenced by Justice Deborah Oluwayemi of a Lagos High Court, for reckless driving and causing death.
She was convicted of recklessly driving a car which resulted in an accident along the Lekki-Epe expressway, Lagos, causing the death of Dr Giwa Suraj.
The deceased was said to be a staff of a Lagos State government hospital.
On Thursday, Counsel to the Nollywood actress and former beauty queen, Nnaemeka Amaechina, informed the court of an application dated March 14 adding that same had been served on the Lagos State Government who is the respondent.
The court, presided by Justice UI Ndukwe-Anyanwu, noted that in the processes before the court the applicant failed to attach copies of the court’s judgment, affirming the jail term handed by the lower court.
The application was, however, adjourned to April 7, to enable the appellant regularise the processes.
Meanwhile, Ibinabo has asked the Supreme Court to set aside the judgement of the lower court.
In her Notice of Appeal, she said the Court of Appeal erred in law when it affirmed the Lagos High Court’s judgment.
The appellant further stated that the Court of Appeal erred in law when it affirmed the High Court’s interference with the exercise of discretion by the trial Magistrate’s court.
She added that the judgment of the Court of Appeal was unreasonable and cannot be supported having regard to the evidence adduced before the court.
In a six-paragraph affidavit of urgency, Victor Eden, a lawyer, said that Ibinabo was currently recovering from a surgery in which a tumour was expelled from her breast.
According to the actress’ lawyer “Her (Fiberesima) wound has not fully healed and as such she is afraid that her continued stay in the prison may endanger her life as she will not have access to special medical attention.
“It will be in the interest of justice and for her health and safety for the appellant to be admitted to bail pending the hearing and determination of the appellant’s appeal before the Supreme Court.”
The trial Magistrate had earlier given the appellant an option of N100,000 fine for the offence.
The judgment was, however, overturned by the High Court, which replaced the option of fine with a five-year jail term.
Dissatisfied, Fiberesima had filed an appeal through her lawyer, urging the court to set aside the five- year sentence.
The appellate court, however, on March 11, dismissed Fiberesima’s appeal and affirmed the decision of the Lagos High Court.
