The Edo State Special Criminal Court has rejected an application by the police seeking to remand 90-year-old Pa Joseph Iduoriyekemwen and three others in correctional custody over allegations including cultism, conspiracy, attempted murder, forceful acquisition of land and self-help.
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Hon. Justice Aigbona Terry Momodu, who delivered the ruling on Monday, observed that the dispute before the court appeared essentially connected with land and questioned why an allegation of cultism had been introduced into the matter.
The ruling arose from Motion No. B/CD/S/55M/26, through which the police sought an order remanding the four suspects for 14 days pending legal advice from the Director of Public Prosecutions.
Pa Iduoriyekemwen is the father of Matthew Iduoriyekemwen, the African Democratic Congress candidate for Edo South Senatorial District in the 2027 general election.
The other persons named in the application were Jeff Erese, 43; George Osagiede, 52; and Uyi Erese, 35.
The police alleged that the four were involved in cultism, conspiracy, attempted murder, forceful acquisition of land and resort to self-help. The allegations have not been proved against them.
Appearing for the applicant, the Solicitor-General of Edo State, Barrister Steven Okoror, urged the court to order their remand under Sections 293(1) and 296(1) of the Administration of Criminal Justice Law of Edo State, 2016, pending the DPP’s advice.
Okoror asked the court not to grant bail to the first three suspects because of the seriousness of the cultism allegation, although he did not oppose bail being granted to Pa Iduoriyekemwen because of his age.
Counsel to the suspects, Barrister Agbonmwandolor Osayomwanbor, opposed the remand application and urged the court to admit his clients to bail pursuant to Section 295 of the same law.
He argued that investigations had already been concluded and that there was therefore no justification for their continued detention.
Osayomwanbor also drew the court’s attention to Pa Iduoriyekemwen’s advanced age and assured the court that responsible sureties resident in Benin City would be provided for the suspects.
In his ruling, Justice Momodu said that after considering the affidavit evidence and arguments presented by both sides, he found no merit in the application seeking their remand.
The judge questioned the introduction of an allegation of cultism into what, from the materials before the court, appeared to be a dispute arising from land.
The court consequently refused the request to remand the four suspects in correctional custody and admitted each of them to bail in the sum of ₦1 million with one surety in like sum.
Justice Momodu further ordered that each surety must be resident in Benin City.
The ruling does not amount to an acquittal or a final determination of the allegations against the four men. It specifically concerned the police application seeking their remand pending further prosecutorial steps.
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