dakovablogger: Ibinabo weeps as Court confirms five years’ jail t...

dakovablogger: Ibinabo weeps as Court confirms five years’ jail t...: Ibinabo weeps as Court confirms five years’ jail term March 11, 2016 at 5:45 pm Actress heads to Supreme Court The Court of Appeal La...

Ibinabo weeps as Court confirms five years’ jail term

Ibinabo weeps as Court confirms five years’ jail term
March 11, 2016 at 5:45 pm
Actress heads to Supreme Court
The Court of Appeal Lagos Division, Friday dismissed an appeal filed by ex beauty queen, Ibinabo Fiberesima challenging a Lagos High Court judgement which sentenced her to serve five years in prison for the death of one Dr. Giwa Suraj.
The embattled president of the Actors’ Guild of Nigeria (AGN) was sentenced by Justice Deborah Oluwayemi for reckless driving which caused the death of Suraj in an auto accident along the Lekki-Epe Expressway, Lagos.
He was a staff of a Lagos State hospital.
Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina, urged the court to set aside the sentence and restore the decision of the Magistrate Court which sentenced her to a N100, 000 fine.
But, delivering judgment Friday, the appellate court dismissed the appeal and affirmed the High Court’s judgment.
In a unanimous decision delivered by Justice Jamilu Yammama Tukur the court held that the trial Magistrate Court lacked the discretion to grant Ibinabo an option of fine after her conviction.
It held further that the appeal lacked merit and thereby dismissed it accordingly.
Other members of the panel are Justice U.I. Ndukwe-Anyanwu (Mrs.) (presiding) and Justice Tijani Abubakar respectively.
Ibinabo, who was visibly apprehensive throughout the proceeding, burst into tears immediately the judgment was delivered.
The court had, at its last sitting, ordered her to appear before it on judgement day.
Speaking on the judgement, her lawyer, Nnaemeka Amaechina, said it would be challenged at the Supreme Court adding that a Notice of Appeal had been filed already.
The Commissioner of Police, Lagos State Command had in 2005 charged Fiberesima to an Igbosere Magistrates’ Court on a two-count charge of dangerous and reckless driving along the Lekki- Epe Expressway, Lagos which resulted in the death of Suraj.
She was awarded a N100, 000 fine by the Court, but this decision was tested at the High Court by the Lagos State Government.
At the High Court, Justice Oluwayemi set aside the option of N100, 000 fine imposed and sentenced Fiberesima to five years imprisonment for dangerous and reckless driving.
She held that the trial Magistrate exercised judicial recklessness when he gave the convict an option of N100, 000 fine and this did not serve the purpose of justice.
She subsequently ordered that the N100, 000 should be returned to Fiberesima.
The court 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.
Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina before the Court of Appeal urged the court to set aside the five year sentence and restore the decision of the Magistrate Court.
Amaechina had argued that the Magistrate’s Court exercised its discretion properly and there was no ground to review it by the high court.
He submitted that by virtue of the Notice of Increased in Jurisdiction of Magistrates, No. 7 of 2006, the trial Magistrate could only impose a maximum of 7 years imprisonment or N100, 000.00 fine.
He added that N100, 000.00 fine is the maximum limit the trial Magistrate can impose as fine and that was what it imposed on the appellant.
In her response, counsel to Lagos State, Rotimi Odutola (Mrs.) argued that the law creating the offence of dangerous driving causing death has provided for a term of imprisonment as punishment for anyone convicted under section 28 hence the trial Magistrate ought not to exercise such arbitrary discretion to impose N100.000.00 as fine.
Odutola further submitted that the children of the deceased have been permanently deprived of the ‘’measureless contributions’’ of their father to their lives as a result of his death caused by the appellant.

Beautiful Instagram model Brittaney Aleis Burnett found dead in her apartment, police suspects suicide

29-year-old Brittaney Aleis Burnett was found dead in her apartment last weekend. Although police say it looks like it could be suicide, her family thinks she may have been poisoned. The family is working with an independent investigator to determine the cause of death. A statement from the family after the cut...

"On July 2, 1987, Brittaney entered the stage of life already a star. She was a roaring blaze of fire destined to make an everlasting impression on the world. Brittaney's overwhelming light and warmth, soothed the hearts and minds of her friends and family. She was loved, cherished, admired and highly esteemed. Her loss is a tragedy, but her life was a masterpiece! Please support the celebration of her life by making a donation towards the memorialization of her life"

dakovablogger: Breaking News: Many Feared Killed As Explosion Roc...

dakovablogger: Breaking News: Many Feared Killed As Explosion Roc...: Tragedy struck on Friday morning as 18 people were roasted alive and others sustained various degrees of burns when an explosion rocke...

Breaking News: Many Feared Killed As Explosion Rocks CBN Calabar

Tragedy struck on Friday morning as 18 people were roasted alive and others sustained various degrees of burns when an explosion rocked the Central Bank of Nigeria, CBN, located at Calabar Road, by the Millennium Park, Cross River State.
According to Vanguard, the explosion took place at about 11:45AM, setting the main edifice of the bank on fire and trapping many staff and visitors in the inferno.
The newspaper quoted an official of the Federal Fire Service at the Margaret Ekpo International Airport, Calabar, as saying “I cannot give exact figures of how many people are dead, but many people were burnt beyond recognition while many sustained third degree burns”.
The official, who spoke on the condition of anonymity, added that rescue operation was ongoing to ensure everyone still remaining in the building is brought out as quickly as possible.
The source of the explosion was yet to be known as at press time but there is conflicting reports that it was from a locally made improvised explosives device while others say it was the gas tank at the generator house that exploded.
No official of the bank was available to address the press on the cause of the explosion but the Assistant Inspector General of Police in charge of Zone 6, Mr. Baba Bolanta, said so far, 18 persons were casualty, “but no death has been recorded”.
A team of mobile policemen and soldiers have cordoned the scene of the explosion while efforts are being made to rescue those trapped in the building.