In his judgement, Justice Ayo Daramola, who is also the Chief Judge of the State, set aside a judgement of the lower Court which sentenced Fasuba to twelve months jail term, saying his conviction lacks merit.
The Court further ordered that the N40, 000 fines imposed on the appellants in lieu of imprisonment should be refunded forthwith.
In the judgement of Ado-Ekiti Magistrates’ Court delivered on June 18, the former Chairman Ado Local Government Area was sentenced to six months imprisonment with an option of N40,000 on the two count charge of unlawful entry into a land and malicious damage to property.
The Appellant, through his lawyer, Mr. Adedeji Emmanuel, filed a seven grounds appeal, contending, among others, that the judgement of the lower court was a nullity.
He contended that the charges against the appellant before the lower Court was unwarranted, unreasonable and cannot stand.
He also argued that the trial magistrate erred in law when she refused to consider the evidence of the appellant.