New Brunswick Judge Reduces Sentence to Prevent Deportation of Nigerian Man
A Nigerian man convicted of breaching a no-contact order with his former partner has successfully appealed his sentence, with a New Brunswick judge granting him a conditional discharge to avoid deportation from Canada. The decision highlights the complex interplay between criminal justice and immigration consequences in domestic violence cases.
Legal Decision and Immigration Consequences
Adebowale Adekoya, 33, appealed his original sentence of 12 months of probation to the Court of King’s Bench. Justice Mario J. Lanteigne ruled in a recent decision that a conditional discharge was appropriate after considering the severe immigration repercussions of the conviction.
“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 Lanteigne wrote.
The Canada Border Services Agency had ordered Adekoya’s deportation following his conviction, rendering him inadmissible to remain in Canada. This deportation order was a key factor in the judge’s decision to reduce the sentence.
Background of the Case
The legal issues began on January 8, 2025, when police charged Adekoya with assaulting his former partner, Shavontae Myers. Following this charge, he was placed on a Release Order with strict conditions prohibiting any contact with Myers.
However, just ten days after the assault charge, police charged Adekoya with disobeying that court order and obstructing justice. According to court documents, Adekoya arrived at Myers’ residence shortly after agreeing to the no-contact conditions, claiming he needed to retrieve personal items.
The lease was still under his name, and the lock had not been changed, which allowed him access. He remained at her home for approximately one week, during which time he reportedly drank alcohol and repeatedly attempted to convince Myers to drop all charges against him.
Myers worked remotely during this period while trying to prevent the situation from escalating further. Eventually, one of her family members alerted police to his presence, leading to his arrest for violating the no-contact order.
Legal Proceedings and Sentencing
Adekoya was jailed from January 23, 2025, to June 23, 2025, while awaiting resolution of the charges. During his time in custody, the original assault charge was dismissed, and the obstruction charge was withdrawn, leaving only the breach of the no-contact order.
In July 2025, the trial judge sentenced Adekoya to one year of probation for the breach. Adekoya expressed strong disagreement with this sentence at the time, stating, “I think that’s a very – very harsh sentencing. Considering it’s the first time I’m in contact with the system.”
He requested a conditional discharge from the trial judge, arguing that the conviction had ruined his life. The trial judge refused this request, stating, “Under the circumstances I don’t think it would be in the public interest to grant a discharge for the domestic violence matter.”
Personal Circumstances and Community Ties
Justice Lanteigne’s decision considered Adekoya’s personal circumstances and integration into Canadian society. 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 noted in the decision. “Mr. Adekoya has no family in Nigeria and left his country because of the lack of employment.”
These factors contributed to the judge’s determination that deportation would cause disproportionate hardship compared to the nature of the offense.
Broader Legal Context
This case occurs within a broader legal landscape where Canadian courts increasingly consider immigration consequences when sentencing non-citizens. The decision reflects ongoing debates about how the justice system should balance public safety concerns with the potentially life-altering effects of deportation for individuals with established ties to Canada.
The conditional discharge allows Adekoya to avoid a criminal conviction that would have mandated his removal from the country, while still imposing court supervision and conditions to address the breach of the no-contact order.
