The Real Reason Ibinabo Fiberesima Was Granted Bail
SAN FRANCISCO, April 09, (THEWILL) – Yesterday, we reported that Nollywood actress and former AGN President, Ibinabo Fiberesima had being granted bail after spending days incarcerated following her 5-yare jail sentence.
However, what we didn't tell you was why she was granted bail despite the fact that she had been sentenced.
According to Vanguard , the Court of Appeal, sitting in Lagos, granted N2 million bail to Ibinabo pending the determination of her appeal at the Supreme Court over five years imprisonment slammed on her for manslaughter after her alleged reckless driving led to the death of a medical doctor.
Justice Deborah Oluwayemi of the State High Court had, convicted Fiberesima of manslaughterin 2009, holding to the fact that her reckless driving was responsible for an auto crash, which claimed the life of Dr. Giwa Suraj on the Lekki-Epe Expressway. The judge overruled the state Magistrate's Court's earlier order where she was told to pay N100, 000 for the offence.
Upon her sentencing, Ibinabofiled 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.
In the 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.
According to Eden, 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'sfavour 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”.
The state lawyer, MrsRotimiOdutola , 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 SidiBage , 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.