The Court of Appeal in Lagos on Thursday fixed April 7 to hear a bail application by Nollywood actress, Ibinabo Fiberisima, who was jailed five years for manslaughter.
Ibinabo was sentenced by Justice Deborah Oluwayemi of a Lagos High Court, for reckless driving and causing death.
She was alleged to have recklessly driven a car which resulted into an accident along the Lekki-Epe expressway, Lagos, causing the death of one Giwa Suraj.
The deceased was said to be a staff of a Lagos State government hospital.
On Thursday, Counsel to the appellant, Mr Nnaemeka Amaechina, informed the appellate court of an application dated March 14 adding that same had been served on the respondent, (Lagos State Government).
The court, presided by Justice UI Ndukwe-Anyanwu, noted that in the processes before the court the applicant failed to attach copies of the court's judgment, affirming the jail term handed by the lower court.
The application was, however, adjourned to April 7, to enable the appellant regularise the processes.
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 the Court of Appeal erred in law when it affirmed the Lagos High Court's judgment.
The appellant further stated that the Court of Appeal erred in law when it affirmed the High Court's interference with the exercise of discretion by the trial Magistrate's court.
She added that the judgment of the Court of Appeal was unreasonable and cannot be supported having regard to the evidence adduced before the court.
In a six paragraph affidavit of urgency deposed to by one Victor Eden, the deponent averred that Ibinabo was currently recovering from a surgery in which a tumour was expelled from her breast.
It will be recalled that the trial Magistrate had earlier given the appellant an option of N100,000 fine for the offence.
This judgment was, however, overturned by the High Court, which replaced the option of fine with a five-year jail term.
Dissatisfied, Fiberesima had filed an appeal through her lawyer, urging the court to set aside the five- year sentence.
The appellate court, however, on March 11, dismissed Fiberisima's appeal and affirmed the decision of the Lagos High Court. (NAN)