An Ekiti State High Court in Ado Ekiti on Tuesday set aside an Ado Ekiti Magistrates’ Court judgment sentencing ex-chairman of Ado Ekiti Council Area, Mr Taye Fasuba, to six months in prison for each of the counts he was tried for.The magistrates’ court had given Fasuba, an ex-aide to former Ekiti State Governor Ayodele Fayose, N20,000 option of fine for each of the two counts.
But Justice Ayodeji Daramola, who is also the Chief Judge of the state, in his ruling on the appeal filed by Fasuba against the magistrates’ court’s verdict, set aside the conviction of the appellant and the fine option imposed in lieu of imprisonment.
The court ordered that the fines should be returned if the appellant had already paid.
He said, “The appeal filed by Taye Fasuba against the state of Ekiti with appeal No HAD/5CA/ 2019 has merit and thereby allowed.”
Counsel for Fasuba, Mr Emmanuel Adedeji, said the charges against his client before the lower court were “unwarranted, unreasonable and cannot stand”, describing the verdict of the magistrates’ court as a miscarriage of justice.
Adedeji claimed the trial magistrate erred in law when she refused to consider the evidence of the appellant.
Fasuba was last year arraigned before the magistrates’ court on three counts bordering on malicious damage, unlawfully entry and conduct likely to cause breach of the peace in a public place contrary to Sections 451, 81 and 249(d) of the Criminal Code, Cap C 16, Vol. 1, Laws of Ekiti State, Nigeria 2012.
Fasuba, who was found guilty of two counts, approached the High Court to overrule the judgment of the lower court.
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