Manslaughter: Appeal court grants popular Nollywood actress N2m bail

The Court of Appeal in Lagos on Thursday granted popular Nollywood actress, Ibinabo Fiberisima, bail in the sum of N2 million with two sureties in like sum, pending her appeal at the Supreme Court.
Fiberisima was sentenced by Justice Deborah Oluwayemi of a Lagos High Court to five years in prison for reckless driving and causing death.
She was alleged to have recklessly driven a car which resulted to an auto accident along the Lekki-Epe Expressway, causing the death of one Giwa Suraj.
The deceased was said to be a staff of a Lagos State hospital.
Dissatisfied, Fiberesima had filed an appeal through her lawyer, urging the court to set aside the five-year sentence.
The appellate court had, however, in its judgment delivered on March 11, dismissed Fiberisima’s appeal and affirmed the decision of the Lagos High Court.
On March 17, Fiberisima filed an application for her bail, pending the decision of the Supreme Court.
Ruling on the application on Thursday, the appellate court decided that Fiberesima’s application for bail had merit.
Justice Samuel Oseji, who read the lead judgment, granted the actress bail in the sum of N2 million with two sureties in like sum.
The court held that the two sureties must be resident in Lagos and must each depose to an affidavit of means.
Justice Oseji said he was inclined to exercising his discretion in Fiberesima’s favour in view of her health and because there was no record that she had jumped bail in the past.
The judge said it would amount to injustice if after Fiberesima had been kept in prison, the Supreme Court later decided to set aside the jail term.
In the same vein, Justice Sidi Bage, presiding, also aligned himself with the lead judgment.
Meanwhile, in a dissenting judgment, a third member of the panel, Justice Y.B. Nimpar, held a contrary view.
Nimpar said the grounds of ill health upon which Fiberesima anchored her application for bail was untenable.
The judge noted that there was no record before the court that she had suffered any complication since February when she underwent the surgery for breast cancer.
It would be recalled that Fiberesima had asked the Supreme Court to set aside the jail sentence of the lower court.
In her Notice of Appeal, the appellant stated that 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.
It would also be recalled that the trial Magistrate court (court of first instance) had earlier granted the appellant an option of N100, 000 fines for the offence.
This judgment was, however, upturned by the High Court, which replaced the option of fine with a five years jail term.
NAN.