A New Brunswick judge has granted a conditional discharge to a 33-year-old Nigerian man convicted of breaching a no-contact order, ensuring he avoids deportation from Canada.
Incident and Initial Charges
Adebowale Adekoya faced charges on January 8, 2025, for assaulting his former partner, Shavontae Myers. Authorities issued a release order prohibiting contact with her. Just ten days later, police charged him with disobeying the court order and obstructing justice after he returned to her residence to retrieve personal belongings.
The lease remained in Adekoya’s name, and the lock was unchanged. He stayed at the home for a week, during which he drank and repeatedly urged Myers to drop the charges. Myers worked remotely while managing the tense situation. A family member alerted police, leading to his arrest.
Adekoya remained in custody from January 23 to June 23, 2025. Prosecutors later dismissed the assault charge and withdrew the obstruction charge.
Sentencing and Appeal
In July 2025, a trial judge imposed a one-year probation sentence. Adekoya called it “very harsh,” noting it was his first encounter with the justice system, and requested a conditional discharge. The judge declined, citing public interest concerns related to the domestic incident.
The Canada Border Services Agency issued a deportation order due to the conviction. Adekoya appealed to the Court of King’s Bench, where Justice Mario J. Lanteigne reviewed the case.
Judge’s Decision and Reasoning
In a March 26 decision, Justice Lanteigne approved the conditional discharge. “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,” the judge stated.
Adekoya, a first-time offender, holds a bachelor’s degree in political science from the University of Lagos (2015), a master’s in international business management from the University of Bonn-Rhein-Sieg (2020), and a diploma in IT Business Analysis from New Brunswick Community College (June 2024). He secured stable employment as a junior business analyst locally and obtained a post-graduation work permit in 2024.
He left Nigeria due to limited job opportunities and has no family there. Deportation would return him to a country he hasn’t lived in since his 20s, sever ties with friends and family in Canada and the U.S., and limit economic prospects compared to Canada.
The Crown viewed a discharge as too lenient and suggested 30 days in custody, considered served. However, the judge noted Adekoya’s 158 days in pretrial custody provided sufficient deterrence. “I believe that Mr. Adekoya has been sufficiently deterred and that a conviction is not necessary to meet the objective of deterrence and rehabilitation,” Lanteigne ruled.
The judge emphasized that deportation posed severe repercussions, jeopardizing Adekoya’s education, employment, and contributions to Canadian society. “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,” the decision concluded.
