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Ibinabo Fiberesima |
The Magistrate Court in Igbosere had earlier placed a fine of
N100,000 over the offence but the ruling was subsequently set aside by the state
High Court presided over by Justice Deborah Oluwayemi and ordered that the
monetary fine be refunded to the culprit and sentenced her to a 5-year jail
term without option of fine.
However, the offender proceeded to the Court of Appeal
praying for the setting aside of the ruling of the High Court. In an unanimous
decision of the appellate court,it affirmed the ruling of the lower court
declaring the ruling of the magistrate court as judicial recklessness stating
that the fine didn’t serve the purpose of justice in the matter.
Emphatically, the court stated that Section 28 of the Road
Traffic Law clearly recommends a penalty of seven years against reckless and
dangerous driving leading to a death of a person(s).
In a rejoinder, the defence counsel, Nnaemeka Amaechina had
urged the court to set aside the ruling of the lower court arguing that the
magistrate court was right as the penalty of N100,000 it adopted against the
offender was in line with its jurisdiction.
In dismissing the appeal, the three-man panel of the Appeal
Court led by Justice Jamilu Tukuh said that the appeal lacked merit and
affirmed the ruling of the lower court. Other members of the panel were
Justices U.I.Ndukwe-Anyanwu and Tijani Abubakar.
According to Amaechina, her client has instructed him to
immediately proceed to the apex court to seek for the setting aside of the
previous two judicial decisions.
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