Manslaughter: Court sentences ex-beauty queen to five years

By Tony Amokeodo




Ibinabo




JUSTICE Deborah Oluwayemi of a Lagos High Court has sentenced a former beauty queen and popular actress, Ms. Ibinabo Fiberesima, to five years imprisonment for manslaughter, involving the death of a medical doctor, Mr. Suraj Giwa.

Delivering her judgment in an appeal by the Lagos State Government against the verdict of an Igbosere Magistrate's Court on Friday, Justice Oluwayemi held that the N100,000 fine imposed by the lower court on Fiberesima was tantamount to judicial recklessness.

According to the judge, it is unreasonable for a magistrate to give an option of N100,000 fine to someone who has taken the life of another person through dangerous driving.

The judge added that Section 28 of the Road Traffic Law, Cap R10 Laws of Lagos State, and 2003 on which the convict was found guilty, did not give an option of fine.

Justice Oluwayemi held that the magistrate misdirected himself and might have been confused by the allocution (plea for leniency) by the lawyer to the convict that the ex-beauty queen was a working mother.

She added that when the term of imprisonment was mandatory, the court could not change it.

She said, "I hold that the magistrate exercised judicial recklessness in giving her option of fine when such is not contained in the traffic law.

"I wonder why the magistrate regards N100,000 as an option for someone who caused the death of another person by dangerous driving. Discretion should be exercised judicially and not recklessly.

"The nature of the offence is so grave that I do not know how he (the magistrate) came about with an option of fine. Justice is a three-way affair.

"N100,000 fine is not a reasonable judgment for someone who has taken the life of another person.

"I hereby set aside the judgment of the magistrate's court and impose five years imprisonment on the convict.

"I also order that the N100,000 fine paid by the convict should not be returned to her."

The Commissioner of Police, Lagos State Command, had in 2005 charged Fiberesima to the Igbosere Magistrate's Court on a two-count charge of dangerous and reckless driving on the Epe Expressway, Lagos, that led to Giwa's death.

In his judgment, Magistrate Isaacs found Fiberesima guilty on the two -count charge and sentenced her to seven years imprisonment for count one and two years imprisonment for counts two.

The magistrate, however, gave the convict the option of paying N100,000 fine to regain her freedom. The ex-beauty queen reportedly paid the fine and was let off the hook.

But the Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore (SAN), was dissatisfied with the sentence of Magistrate Isaacs and filed a notice of appeal at the Lagos High Court.

The Lagos AG added that the magistrate's court had wrongfully exercised its discretion in a matter that attracts seven years' imprisonment without an option of fine.

The Lagos AG, therefore, urged the court to set aside the lower court's verdict and give an appropriate sentence.

But Fiberesima had in her statement of defence by her lawyer, Mr. Lanre Lambo, argued that the lower court had the opportunity to impartially observe her demeanour throughout the trial period before given her the option of fine.

Meanwhile, Fiberesima's friend, also an actor, Mr. Fred Amata, has denied the conviction.

Amata, in a telephone interview with our correspondent, said he was not aware that his friend had been sentenced.

Another source who described himself as her lawyer also denied the report.

"The matter has currently gone beyond the High Court. It is not for the High Courts to decide as things stand now," he said.

The President of the Actors Guild of Nigeria, Mr. Ejike Asiegbu, when contacted, expressed surprise at the turn of events and promised to confirm the story.

Fiberesima could not be reached as her phone was switched off most of the weekend.

http://odili.net/news/source/2009/feb/23/413.html

Justice has been served finally. Don't drink and drive.

I heard this story long ago, it is now she's been sentenced?

She was sentenced before for a fine of N100k or 1 year imprisonment, I think. Isn't that ridiculous for someone that killed another because she was driving drunk?

I pity her sha

showbobo:

I pity her sha

You wouldn't be saying that if it was your relative she killed.

Drunk drivers kill a lot of people. It's just 5 years, she'll survive. Usually they deduct the years awaiting trial.

Usually they deduct the years awaiting trial.

That is if you were under arrest while awaiting trial. I think she had her freedom during the trial.

Serves her right.
She didn't appear remorseful after she killed that poor Medical Doctor and I'm guessing after paying her 100k fine, she forgot all about him and his family.

Chei, my sister!

Why una dey celebrate? Ibinabo is well known to our family. The amount of charity she does in Okrika is amazing and she comes from a lovely and well respected family. Her uncle Dima Fiberesima was a guy who gave sight to hundreds of blind people in PH through free eye-clinics he used to hold in Civic Centre. He was also regarded as the most forthright politician in Rivers State, when he got Gov Adeleye impeached for trying to coerce him into bribery. One mistake, and they finish her off. Would the same happen to any other daughter of such a well respected family? Or is it because her family refuse to engage in corruption?

Ibime:

Chei, my sister!

Why una dey celebrate? Ibinabo is well known to our family. The amount of charity she does in Okrika is amazing and she comes from a lovely and well respected family. Her uncle Dima Fiberesima was a guy who gave sight to hundreds of blind people in PH through free eye-clinics he used to hold in Civic Centre. He was also regarded as the most forthright politician in Rivers State, when he got Gov Adeleye impeached for trying to coerce him into bribery. One mistake, and they finish her off. Would the same happen to any other daughter of such a well respected family? Or is it because her family refuse to engage in corruption?

This is ridiculous.
If she killed your brother or sister and tried to get off by paying a mere 100k, will you still be singing this song?

. . . . and justice shall reign!

eyah!

spikedcylinder:

This is ridiculous.
If she killed your brother or sister and tried to get off by paying a mere 100k, will you still be singing this song?

I am sure she is remorseful, as am I. . . . . but 5 years in a Nigerian jail is no justice. As a European citizen, she should request extradition to Europe.

You can read about her uncle and his heroic actions in Rivers State here:

http://books.google.co.uk/books?id=CcXAqV4Ho04C&pg=PA157&lpg=PA157&dq=dima+fiberesima&source=bl&ots=lCFit_MKA7&sig=QV4VQTsKRlb1XbgIj4fmGGhVhqw&hl=en&ei=Z92jSbf_OsKw-Qbn9KiNBQ&sa=X&oi=book_result&resnum=3&ct=result

Her family will always remain highly esteemed in Okrika and Rivers State.

How do we know how much blame to apportion to her sef, considering the state of Nigerian roads, traffic and highway violations, both by drivers and pedestrians?

i thank God . i imagine what naija prisons will do to her and that makes me happy.

the doctor she killed was a relative. she didn't show any remorse. she later presided over a fraudulent beauty pageant after the whole incident.

the bitch got what she deserved.

erhhhhhhhhhhhhhhhhhhhhh!! who takes care of her child? Fred amata??
was she not the one who was his baby mama?
well i gues these 5 years will him time to return to Agatha

Ibime:

I am sure she is remorseful, as am I. . . . . but 5 years in a Nigerian jail is no justice. As a European citizen, she should request extradition to Europe.

You can read about her uncle and his heroic actions in Rivers State here:

http://books.google.co.uk/books?id=CcXAqV4Ho04C&pg=PA157&lpg=PA157&dq=dima+fiberesima&source=bl&ots=lCFit_MKA7&sig=QV4VQTsKRlb1XbgIj4fmGGhVhqw&hl=en&ei=Z92jSbf_OsKw-Qbn9KiNBQ&sa=X&oi=book_result&resnum=3&ct=result

Her family will always remain highly esteemed in Okrika and Rivers State.

How do we know how much blame to apportion to her sef, considering the state of Nigerian roads, traffic and highway violations, both by drivers and pedestrians?

sadly, the girl is not a chip off the old block

NO EXCUSE FOR DRUNK DRIVING AND ENDANGERING THE LIVES OF OTHERS

with all that paper, she should have employed a driver

remorse will not bring the father/breadwinner/doctor back . the 'state of Nigerian roads, traffic and highway violations, both by drivers and pedestrians' is simply more reason to be careful, rather than reckless.

if i had been the doctor, 5 years imprisonment and a n100,000 fine would not begin to acount for the loss to my wife and son - is it some paltry 100,000 that will put my son through the sort of education i would have intended? abeg let them publicize it well - let it be a lesso to those goddamned drunk drivers everywhere. one of my best friends father was hit by a drunk driver some three years ago. the man survived, but he spent 6 months and several operations in the hospital, while the bastard who hit him went scot free

at last!

heey for a time i was thinkn that justice hardly prevails in this country, but alas ive been proven wrong and am glad that iven been.

ibinabo should serve her jail term *grins* who knows Agatha might have her husband back.

Ibime:

I am sure she is remorseful, as am I. . . . . but 5 years in a Nigerian jail is no justice. As a European citizen, she should request extradition to Europe.

You can read about her uncle and his heroic actions in Rivers State here:

http://books.google.co.uk/books?id=CcXAqV4Ho04C&pg=PA157&lpg=PA157&dq=dima+fiberesima&source=bl&ots=lCFit_MKA7&sig=QV4VQTsKRlb1XbgIj4fmGGhVhqw&hl=en&ei=Z92jSbf_OsKw-Qbn9KiNBQ&sa=X&oi=book_result&resnum=3&ct=result

Her family will always remain highly esteemed in Okrika and Rivers State.

How do we know how much blame to apportion to her sef, considering the state of Nigerian roads, traffic and highway violations, both by drivers and pedestrians?

Please, leave sentimentality out of this.
She killed a human being, a doctor to be precise! I doubt that she was remorseful though. If after paying the paltry sum of 100k, she had gone the dead man's family home, shown that she was indeed sorry, I doubt that they would have been stone hearted enough to want her head on a platter of gold.
She acted irresponsibly and she should pay her price.

NO COMmeNt'

NO COMmeNt'

Raymond88:

You wouldn't be saying that if it was your relative she killed.

why the execration na e never reach like that o

showbobo:

why the execration na e never reach like that o

Correct me if i was wrong would you say the same if it affected you?

I think this omen that befell her is a blessing to her life. The way she was living her life before the accident, she may never hit 50 before kicking the bucket. If she doesn't have a change of heart after a few years in Naija jail, she may be a fool forever.

Drunk Driving is wrong and her punishment should be used as an example. You'd think she would have done the right thing for someone who support charitable causes. What happened to a designated driver

How do we know how much blame to apportion to her sef, considering the state of Nigerian roads, traffic and highway violations, both by drivers and pedestrians?

There is a reason the charge is manslaughter and not an homicide.

not condeming the act of justice o!!!
kudo's to them but really y sentence the her while the real criminals are left alone
i remember tafa balogun served like 2months or so

tosinaded@:

not condeming the act of justice o!!!
kudo's to them but really y sentence the her while the real criminals are left alone
i remember tafa balogun served like 2months or so

Fine, there are criminals everywhere. So because Tafa served only 2 months, this Ibinabo woman should have gone free?

spikedcylinder:

Fine, there are criminals everywhere. So because Tafa served only 2 months, this Ibinabo woman should have gone free?

no rush
read my post and digest it again

tosinaded@:

not condeming the act of justice o!!!
kudo's to them but really y sentence the her while the real criminals are left alone
i remember tafa balogun served like 2months or so

as u can see am not condeming the act
my pint is that let the so called justice go round and let real crminals be sent to jail, we all know that hers was a mistake, not like she wanted it to happen
we have hardened crminals who roam the streets of naija

Raymond88:

Correct me if i was wrong would you say the same if it affected you?

God forbid

I doubt if she will finish her jail term. Before we know what's going on, anoda judge will ask dat she should be released.

The sentence is too lenient

She should have been rammed with a truck by another drunk driver too!

I hope she rots in jail for taking an innocent life as a result of being a grand buffoon!

B.T.W

how did she become an ex-beauty queen . . . is she dat fine