The lawmaker was initially charged for unlawful possession of firearm.
A Magistrates Court sitting in Auchi, Etsako West Local Government Area of Edo State, on Tuesday, ordered that a member of the Edo State House of Assembly, Rasaq Momoh, should be remanded in prison until June 3.
Mr. Momoh, who represents Etsako West Constituency 1 in the legislature, was arrested in Agbede in the same local government area, for allegedly being in possession of a gun during the recent council elections.
He had been arraigned on May 2 in the court presided over by, Caroline Nwoha, on the charge of unlawful possession of firearm; but was remanded in police custody on health grounds despite the plea by the prosecutor that he be remanded in prison.
Mrs. Nwoha had fixed judgment for Tuesday on the strength of arguments by the accused person’s former lead counsel, Afolabi Olayiwola; but changed her mind after the amendment of the initial charge of unlawful possession of firearm to armed robbery by the prosecutor, the Edo State Commissioner of Police, represented by Daniel Mato.
Mr. Mato urged the court to transfer the case to the Edo State High Court since the new charge had nothing to do with electoral offence.
According to him, it was a mere coincidence that the offence was committed the same day the council poll was held.
After listening to all parties, the Magistrate agreed that her court lacked the jurisdiction to entertain the matter.
She, therefore, ordered that the case file be duplicated and sent to Director of Public Prosecution, DPP, for proper advice.
Mrs. Nwoha adjourned the matter to June 3, but with an order that the accused person be remanded in Auchi Prison pending the advice of the DPP.
Speaking to journalists, lead counsel to the accused said he will intensify efforts to get his client out of the prison.
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