New Brunswick judge reduces man's sentence so he won't get deported from Canada
A Nigerian man convicted of breaching a no-contact order with his former partner has convinced a New Brunswick judge to grant him a conditional discharge to avoid deportation.
Adebowale Adekoya, 33, appealed his sentence of 12 months of probation to the Court of King’s Bench.
“After considering the collateral immigration consequences of the conviction imposed by the trial judge, and the nature of the offense, I conclude that a conditional discharge would be in Mr. Adekoya’s best interest and would not be contrary to the public interest,” Justice Mario J. Lanteigne wrote in a recent decision.
Police charged Adekoya on Jan. 8, 2025 with assaulting his former partner.
“Consequent to this, Mr. Adekoya was placed on a Release Order with a condition to have no contact with Ms. Shavontae Myers,” Lanteigne said in his March 26 decision.
Ten days after he was charged with assault, police charged Adekoya with disobeying that court order and obstructing justice.
“Shortly after having agreed to the conditions of the Release Order, Mr. Adekoya arrived at Ms. Myers residence and told her that he wanted to retrieve his personal items,” said the decision.
The lease was still under his name, and the lock hadn’t been changed.
Adekoya stayed at her home for a week, during which the court heard he “drank and attempted repeatedly to convince Ms. Myers to drop all the charges.”
During that time, she worked remotely “while attempting to prevent an escalation of the situation,” said the decision.
One of her family members eventually informed police he was staying at her place.
After police arrested him for breaking the no-contact order, Adekoya was jailed between Jan. 23, 2025 and June 23, 2025.
While he was in custody, the assault charge against Adekoya was dismissed and the obstruction charge was withdrawn.
Last July, the trial judge sentenced him to a year of probation.
“I think that’s a very – very harsh sentencing,” Adekoya said at the time. “Considering it’s the first time I’m in contact with the system.”
He asked the trial judge for a conditional discharge. “You ruined my life for real,” Adekoya said.
The trial judge refused. “Under the circumstances I don’t think it would be in the public interest to grant a discharge for the domestic violence matter.”
The Canada Border Services Agency subsequently ordered Adekoya’s deportation.
“The Deportation Order now states that he is no longer admissible to remain in Canada consequent to the conviction against him,” Lanteigne said.
Adekoya studied at New Brunswick Community College and obtained a post-graduation work permit in 2024.
“He made new friends and found stable employment as a junior business analyst with a local company,” Lanteigne said. “Mr. Adekoya has no family in Nigeria and left his country because of the lack of employment.”
A criminal conviction “would have significant adverse repercussions for Mr. Adekoya,” his lawyer said.
“If Mr. Adekoya is deported, he will be returning to a country where he has not resided since his 20s, where he has no family nor friends. This will, according to his counsel, undermine all the years he invested in developing roots in Canada. Being deported would also most likely prevent Mr. Adekoya from visiting his mother and brother in the State of New York. Finally, the Nigerian economy would not be able to offer Mr. Adekoya with an equivalent salary and employment that the Canadian economy can offer.”
The Crown argued a conditional discharge “would be excessively lenient.”
Instead, the Crown recommended Adekoya be sentenced to 30 days in custody, which should be “considered served.”
The trial judge was misinformed by Adekoya’s lawyer that his client held both Canadian and U.S. passports, said the decision.
“The mere fact that the trial judge was misinformed and misled is sufficient to conclude that this Court must consider the collateral immigration consequences as a relevant factor to account for in determining what is the appropriate sentence,” Lanteigne said.
Adekoya is a first-time offender, said the judge. “He states having completed a bachelor’s degree in political science in Nigeria from the University of Lagos in 2015 and a master’s degree in international business management in 2020 in Germany at the University of Bonn-Rhein-Sieg. After which he continued his studies at the New Brunswick Community College where he obtained a diploma in IT Business Analysis in June 2024.”
Adekoya spent 158 days in custody, Lanteigne said.
“I believe that Mr. Adekoya has been sufficiently deterred and that a conviction is not necessary to meet the objective of deterrence and rehabilitation,” said the judge.
“One of the most adverse collateral consequences of the sentence imposed on Mr. Adekoya is the imminent risk of deportation. This constitutes a significant adverse repercussion on Mr. Adekoya. As a collateral consequence of the sentence imposed, Mr. Adekoya is likely to be deported to Nigeria and experience significant social and economic hardship.”
The judge pointed out Adekoya had obtained a diploma and employment in New Brunswick. “These personal achievements will all be jeopardized if he is to be subject to these significant adverse repercussions.”
It’s in the public interest that “someone like Mr. Adekoya be able to pursue his goals in this country where he has chosen to contribute socially and economically,” Lanteigne said.
“Mr. Adekoya has spent many years pursuing post-secondary education and wishes to find employment in his field of expertise. This can only be a benefit to society.”
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