The Lagos state division of the court of appeal has granted a N2m bail to Ibinabo Fiberesima, actress and former president of the actors guild of Nigeria (AGN).
The 43-year-old actress was sentenced to five years imprisonment by Justice Deborah Olayemi for reckless driving, which led to the death of a hospital staff.
In a two-one split judgement on Thursday, the court ruled that her application for bail was credible.
According to the judgement read by Justice Samuel Oseji, the ex-beauty queen has to present two sureties in like sum who must be residents of Lagos and each of them must swear to an affidavit of means.
Justice Sidi Baje, who presided over the proceedings, agreed with Justice Oseji but Justice Y.B Nimpar did not share their thoughts.
Justice Oseji said he exercised discretion with the River-born actress because of her health and her record of never jumping bail.
He also said it would be injustice if after three or four years of being in jail, the supreme court decides that the five-year jail term imposed on her should be set aside.
Justice Nimpar argued that the health grounds on which she applied for bail were not justifiable, as there were no records of complications after her breast cancer surgery in February.
“The surgery was uneventful. The surgery was done in February, now we are here in April and there is no complication,” he said.
“The applicant is already convicted and presumption of innocence is no longer available. I personally will not exercise discretion in favour of the applicant.”
In favour of her bail application filed by her lawyer Nnaemeka Amaechina, an affidavit submitted by Victor Eden claimed that she just had breast cancer surgery.
The affidavit further claimed that Fiberesima feared that her life could be in danger if she was kept in custody.