Court sets aside conviction of ex-LG chairman in Ekiti
An Ado Ekiti High Court on Tuesday set aside the 12- month sentence passed on the former Chairman of Ado Local Government Area, Taye Fasuba, convicted for unlawful entry into a plot of land and malicious damage to property.
On June 18, 2019, an Ado Ekiti Magistrates’ Court sentenced Fasuba to one year in prison for unlawfully entering into a land and causing malicious damage to property.
Senior Magistrate Omolola Akosile in that judgment, found Fasuba guilty as charged on two of the three counts before the court and sentenced him with an option of N20, 000 fine on each of the two counts.
Upturning the conviction, Justice Ayo Daramola, set aside the conviction and the N40, 000 fine, and also ordered that the fine Fasuba had earlier paid should be refunded forthwith.
The court held that “the appeal filed by Fasuba against the Ekiti state government has merit and is hereby allowed.”
Fasuba’s counsel, Adedeji Emmanuel, submitted that the charges against his client before the lower court were unwarranted, unreasonable and cannot stand the legal test describing it as a miscarriage of justice.
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He alleged that the trial magistrate erred in law when she refused to consider the evidence of the appellant.
Solicitor -General of Ekiti state, Lade Ojo, who appeared for the state submitted that there is merit in the appeal filed by the appellant’s counsel, Adedeji, who said that the judgment of the lower court was wrong and should not stand.
He added that he has nothing to argue in support of the judgment of the lower court.
