Efforts made by convicted star actress and former beauty queen, Ibinabo Fiberesima to secure bail before the Court of Appeal, Lagos Division suffered a setback yesterday due to incompetent application.
The three man-panels presided over by Justice UI Ndukwe-Anyanwu observed that the appellant failed to attach copies of the judgment delivered by the court which affirmed the five years jail sentenced imposed on her by a Lagos High Court.
Others Justice on the panel are Justice Samuel Oseji and Justice Tijani Abubakar respectively.
When the matter came up yesterday, Ibinabo’s lawyer, Nnaemeka Amaechina informed that court of an application dated March 14 adding that same had been served on the Lagos state government (respondent).
However, the application could not be heard as the court observed that the appellant failed to attach copies of the judgement of the court as exhibit thereby rendering the whole application incompetent.
Justice UI Ndukwe-Anyanwu (presiding) said the only option left was to strike out the application or adjourn it till further date for hearing.
Consequently, Amaechina sought for an adjournment to enable him do the needful. Therefore, the court adjourned the matter till April 7 for hearing.
Meanwhile, Ibinabo has asked the Supreme Court to set aside the judgement of the lower court.
In her Notice of Appeal, the appellant stated that Court of Appeal erred in law when it affirmed the alteration by the high court of Lagos state by setting aside the option of N100, 000 fine and substituting it with a term of 5 years imprisonment.
The appellant further stated that the Court of Appeal erred in law when it affirmed the interference by the high court with the exercise of discretion by the trial Magistrate's Court.
She added that the judgment of the Court of Appeal is unreasonable and cannot be supported having regard to the evidence presented before the court.
In a 6-paragrah affidavit of urgency deposed to by one Victor Eden, the deponent stated that Ibinabo is currently recovering from surgery and that she recently removed tumour from her breast and that she needed constant monitoring by her doctors.
"Her wound has not fully healed and as such she is afraid that her continued stay in the prison may endanger her life as she will not have access to special medical attention”, he stated.
The deponent stated that it would be in the interest of justice and for her health and safety to admit Ibinabo to bail pending the hearing and determination of her appeal before the Supreme Court.
The embattled actress was sentenced to five years imprisonment by Justice Deborah Oluwayemi for reckless driving which caused the death of one Dr. Giwa Suraj in an auto accident along the Lekki-Epe expressway, Lagos. Dissatisfied, Fiberesima in her amended appellant brief filed by her lawyer, Nnaemeka Amaechina urged the court to set aside the five year sentence and restore the decision of the Magistrate Court.
But, the appellate court in its judgement delivered on February 11 dismissed Ibinabo’s appeal and affirmed the decision of the Lagos High Court.