Stella Dimoko Appeal Court Reserves Judgement On Ibinabo Fiberesima


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Friday, January 29, 2016

Appeal Court Reserves Judgement On Ibinabo Fiberesima

The Court of Appeal Lagos Division, has reserved judgement in the appeal filed by star actress and former beauty queen, Ibinabo Fiberesima challenging the judgement of a Lagos High Court which sentenced her to five years imprisonment for the death of one Dr. Giwa Suraj.

The embattled actress was sentenced to five years imprisonment by Justice Deborah Oluwayemi for reckless driving which caused the death of Dr. Giwa Suraj in an auto accident along the Lekki-Epe expressway, Lagos.

The deceased was a staff of one of the Lagos state’s hospitals.

At the hearing of the appeal on Thursday, the appellate court presided over by Justice Ndukwe-Anyanwu (Mrs.) reserved judgement in the appeal after counsel adopted their written addresses.

The court also directed that the appellant (Fiberesima) who was not in court should be present when judgement is to be delivered, adding that the date of judgment would be communicated to the parties.

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.

The court noted that the trial Magistrate must have misdirected himself based on the allocutus made by the counsel to the convict that she was a working mother.

Justice Oluwayemi held that Sections 28 of the Traffic Law on which the accused person was convicted does not give an option of fine stressing that when a term of imprisonment is mandatory the court cannot and should not give an option of fine.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 with the judgment, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina approached the Court of Appeal and urged it to set aside the five year sentence and restore the decision of the Magistrate Court.

Adopting the brief, Amaechina 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 Increase 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.
She urged the court to uphold the judgement of the Lagos High Court and dismiss the appeal.
The Commissioner of Police, Lagos State Command had in 2005 charged the ex-beauty queen (Fiberesima) to the Magistrate Court on a two-count charge of dangerous and reckless driving along Epe Expressway, Lagos which resulted to the death of Dr. Giwa Suraj.

In his judgment, Magistrate O.A Isaacs, found Fiberesima guilty on the two-count charge, sentenced her to seven years imprisonment on count one and two years imprisonment on count two or in the alternative, a fine of N100,000.
Besides, the trial Magistrate held that his pronouncement on the matter was in accordance with the provision of section 21 (a) of the Notice of Increase in Jurisdiction of Magistrates.

culled: channelstv.

This case should be decided upon already so that both parties can find closure...especially the victims family.


  1. Replies
    1. This babe should go and beg the family nah. I'm sure that by now they've healed a bit, and would prolly forgive her if she's not arrogant about it.

    2. Yea sisi eko that's the best she can do now n if it involves settling them with money, let her do that too.

    3. Exactly. She should go n settle with the family so this case can close once n for all. I pity those children tho..

    4. She probably has but sometimes it just doesn't work that way..

    5. And who told you guys that she has not begged?

      She met with the family. She begged.. But may be because they were still grieving, they turned deaf ears

      I just pray that the family of the deceased forgive's quite unfortunate..... But it has happened ,it has happened

      I could recal one of the family members saying that,"they will make sure @Ibinabo stays in prison for ever,"

      They should know that,@Ibinabo never meant in anyway to kill anyone.... She was drunk at a time and suffering from emotional imbalance

      .they should let go...though, its quite a sad and painful loss

      They should remember that @Ibinabo has children to take care of... She can't go to jail

      What will be their gain?

      In all ds... I pray God grant their Dr son eternal rest


  2. Stella you are right,they are just dragging the case.

  3. Didn't even know this case is still on

  4. Shuo!gave her an option of 100K fine?
    This is judicial recklessness ojare.hian.
    The judge just incensed d Doctor's family and made matters worse for IB. Kai

  5. Wow. May God strengthen both parties.

  6. So she's still on this case and she won't stay in one place.

    I think it's cruelty on her part to still be all over enjoying herself and making it public while the family of the victim looks on.

    This lady has got no conscience. You deprive a family the joy of a father,brother,husband, confidante, provider etc and yet you can't lie low.
    She really deserves the prison term cos clearly, she's not remorseful.

    1. You typed every thought of mine, she's dawn arrogant about the whole thing, a HUMAN life was lost for God's sake not a rat's; I'm sure even rats mourn their own, haba!

      If she'd been remorseful, laid low and continually apologize to the family, I'm sure they woulda forgiven her by now but her flaunting is ridiculous and a constant reminder of what they lost

      Yeyebrity thinks she can get away with it, she should be sent to prison to show her and others who think like her you don't take a life and then live in like that life didn't matter!

      I guess the the judge was bribed, 100k bawo? That won't even buy a good cow.


    2. How do u even make someone with pending court case, president of anything. Only in Nigeria.

    3. Aunty ooo is it until she kills herself you'd know she remorseful??? For how long is she gonna lie low??? I see a family trying to capitalise on their misfortune.. they should move on already

    4. She is not remoreseful?

      You know this because?

      @Aunty Elenu Rirun


  7. They should temper Justice with mercy

  8. Since how many years?
    The victim family should move on already.

    1. I pray whoever you love most gets killed violently, may the killer be caught and may you be told to suck it up and "move on already", Amen.

      Stella, post this I beg you.


  9. How can you say someone should pay a fine of 100k for killing someone else? Yes we know it's manslaughter and not murder but pls 100k for a person's life?? Gosh! It's good the matter has been taken further.

  10. What's with the going back and forth na?

    If they want to sentence her, they should do so mbok, so she'll serve whatever sentence and live the rest of her life in peace.

    She's scarred already by the incident, so I don't know why it comes back again to bite her in the butt, anytime she thinks she's squashed it.

    A final decision will serve all parties well, and everyone would go and rest.


  11. Hmmmm I just pity Ibinabo right now. I pray she comes out of this still herself.
    May God continue to comfort the family of the deceased.
    By the way, 100.000 Naira is too paltry a sum to be given as fine for taking a human life accident or not.
    Well, let justice be served.
    RIP to the dead.

  12. They should free her abegi. As long as the family of the victim have settled with her. It was a horrible accident.

  13. I thought the matter has ended after she served her jail term. what do i know again

  14. Damn!!!. This woman is hot!!! I would definitely MILF!! her

  15. She was drunk, she drove a car and killed a man. And you think a fine of a 100 thousand is justified?

  16. Anon 10:04, Do you know for a fact that she was drunk? neither you nor I were there. These are mere allegations by the prosecution. Whether they had evidence to support it that secured them a conviction at the Magistrate Court is another matter. What if, it was actually an ACCIDENT. By that I mean, accident, head on collision, by virtue of mechanical fault of her car. Some times, things not planned happen. That is why it is called an ACCIDENT!!!

    Am not also not in support of the Magistrate giving an option of N 100, 000 fine and hiding under the guise that the Magistrate Court notice, gives her jurisdiction to so do. If she was charged under the Traffic Law of Lagos State, the provision would have made reference to the penalty for that offence. The Magistrate should have stuck with the penalty provided in the Traffic Law.I rest my case.

  17. Well she would have sorted out with the family a long time ago. It's sad but with concern and remorse, they would have forgiven her tey tey and both parties would have moved on. I know of one that killed one on the spot, one died later due to the injuries sustained. He was detained for 3 days and he was advised to go make peace with the family through the lawyer. Paid the necessary fees for the burials and all. Cos some family members might target him later even if they had agreed. So I believe if she had gone this far, all these would have been long gone.

  18. All you fuckers saying the victim's family should suck it up and forget about the issue ..I hope you get a loved one killed in the same manner and you fucking suck it up too especially when the person is the sole provider for the family...
    bunch of insensitive people

    1. You sound so pained like @Emeka IKE

      We are not fighting here

      You can make ur valid point without ranting like a Mad dog that you are


  19. Is it me or people are not reading properly , I thought she was quilts of two count charges
    1) to spend five years
    2) to spend additional two years or pay 100,000 naira as fine for the second charge

    Meaning she'll spend five years , if she decides to pay 100k for the second charge

    So why are people saying that she is being offered to skip the sentence with 100k.

  20. Ibinabo put yourself in the shoes of this family. You still have this case hanging on your head and you've been carrying on as you've been doing? Campaigned for President of AGN, GEJ, hopping in and out of Aso rock like grass hopper during Jona's time? Had an elaborate wedding flaunted all over the media for all to see including family of the deceased that you can do and undo, it will only cast you 100,000 and case will close since you are a celebrity and highly connected. Well fear God, Go and make peace with the grieving family because in your drunken state you took the life of their bread winner otherwise even if you are able to manipulate the judiciai system to your favour, you cannot manipulate God and own two cent.

  21. First of all drunk driving is an offense... It's not about negotiating with the family. She committed a crime, she has to serve her time. If everyone begs their way out, then why do we have laws. It's not a village meeting. Let the law take its cause


  23. It was an accident... The family should deal with it and let us rest.... Nothing can bring back their son... So u put her in jail 5 years and their son resurrects abi? They will keep grieving forever so it doesn't make any sense.... She is an actress does not make her above mistake

  24. Gbo gbo small girl shut your stupid mouth.. So cos she misakenly killed somebody she should remain indoors for the rest of her life? How much begging do they want? Must she commit sucide? People must learn to be was an accident and she has apologized

  25. To hell with your fucking prayers... Will 5 years in jail bring their son back? It was an accident u all expect her to stay indoors for the rest of her life abi? For the family to say she will spend the rest of her life in jail is a huge joke... A judge will sentence based on the circumstances of a case.. It was an accident and she has begged. I do not expect her to commit sucide to show remorse


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