Ibinabo Fiberisima Gets N2m Bail From Appeal Court

The Court of Appeal, sitting in Lagos,
granted N2 million bail to the embattled ex-
President of Nigeria Guild of Actors, NGA, Ibinabo
Fiberesima, yesterday, pending the determination
of her appeal at the Supreme Court over five
years imprisonment slammed on her for
manslaughter.

Justice Deborah Oluwayemi of the State High
Court had, in 2009, convicted Fiberesima of
manslaughter, holding to the fact that her
reckless driving was responsible for an auto
crash, which claimed the life of one Dr. Giwa
Suraj on the Lekki-Epe Expressway.
While sentencing Fiberesima to five years
imprisonment, Justice Oluwayemi overruled the
decision of the state Magistrate’s Court, which
earlier ordered her to pay N100, 000 for the
offence.
Dissatisfied with the judgment, she approached
the Court of Appeal to nullify the judgment, but
the court also affirmed it. She further approached
Supreme Court and the matter is pending.
Subsequently, Fiberesima filed an application
before the Court of Appeal, praying the court to
release her on bail pending when the Supreme
Court would hear and determine her appeal
against the appellate court’s judgment.
‘She’s needs care after breast cancer surgery’
In an affidavit of urgency filed before the court in
support of her bail application, one Victor Eden
said Fiberesima had just undergone surgery for
breast cancer and was still under the watch of
her doctors.
Eden said Fiberesima’s surgical wound had yet
to properly heal, adding that the actress was
afraid that her life might be endangered if kept in
the prison custody.
He said it would best serve the interest of justice
to release Fiberesima on bail, while the Supreme
Court’s decision in her case was being awaited.
The Lagos State government, in its opposition to
granting the applicant bail, said the presumption
of innocence no longer inures in Fiberesima’s
favour since she has already been convicted.
The applicant has also made no appeal against
her conviction, but against her sentence. There
is also no evidence that she visited the clinic at
the prison for treatment even though she has
been in prison for about three weeks.
Judges disagree on bail
The state lawyer, Mrs Rotimi Odutola, said if the
appeal for bail is granted, it should contain
conditions that will compel the applicant to
pursue her appeal at the Supreme Court.
After listening to submission of both parties,
Justice Sidi Bage, who led the three-man panel,
granted the convict bail in the sum of N2 million,
with two sureties in like sum.
Justice Samuel Osuji, who read the lead
judgment, held that there was nothing in the
record of the court that showed that the convict
once jumped bail, adding that there was enough
evidence before the Court that the convict has
health challenge.
However, one of the three-man panel, Justice Y.
B. Nimba, did not agree with the panel. She held
that no special circumstance exist for the grant
of bail.