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| Ibinabo Fiberesima |
COURT of Appeal sitting in Lagos on Thursday granted a N2m
bail to the ex-beauty queen, Ibinabo Fiberesima who was earlier convicted and
sentenced to a 5-year jail term for manslaughter.
The appellate court of three panels of justices arriving at
the decision on the basis of two against one dissenting judgment held that the appellant’s
application had merit on health ground putting into consideration that there
was no history of jumping bail against the applicant.
Justice Samuel Oseji who read the lead judgment granted the
N2m bail with two sureties in like sum, however added that Fiberesima will
provide two sureties in like sum who must be resident in Lagos and with sworn
affidavit of means.
In his Lordship’s contention, it would amount to injustice to
the appellant if after spending several years in the prison custody, the apex
court sets the ruling of the Appeal court aside adding that the matter is yet
to be given a final ruling at the Supreme Court.
While Justice Sidi Bage who presided over the proceedings
aligned with the lead judgment, the third member of the panel, Justice Y.B.
Nimpar dissented on the ground that the ill-health upon which the applicant anchored
her application was unsustainable and indefensible noting that there was no
record before the court to support the ex-beauty queen’s contention that her
health is at risk if not granted bail.
Furthermore, the dissenting Justice contended that the prison
environment has adequate medical facilities to cater for the health condition
adding that the prison authorities are usually under a duty to issue referral
for consultancy outside the prison where it is obvious that its facilities are
inadequate to meet up with a particular challenge(s).
Fiberesima sought for bail on medical ground stating that she
had a surgery over breast cancer and therefore pleaded that her health condition
could worsen if remanded in the prison custody in which her physicians will not
have free access to her.
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