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Justice Aigbona Terry Momodu of the Edo State Special Criminal Court has described the case involving Pa Joseph Iduoriyekemwen and three others as essentially a land dispute, not cultism as alleged by the police.
Pa Iduoriyekemwen, 90, is the father of the African Democratic Congress (ADC) Edo South senatorial candidate for 2027, Matthew Iduoriyekemwen.
Justice Momodu made the observation on Monday while ruling on Motion No. B/CD/S/55M/26, in which the police sought an order to remand the four suspects in correctional custody for 14 days.
The other suspects are Jeff Erese, 43, George Osagiede, 52, and Uyi Erese, 35. They face allegations of cultism, conspiracy, attempted murder, forceful acquisition of land and self-help.
The applicant’s counsel and Solicitor-General of Edo State, Barrister Steven Okoror, had argued that the remand was necessary pending DPP advice, relying on Sections 293(1) and 296(1) of the Administration of Criminal Justice Law of Edo State, 2016.
He asked the court to deny bail to the first three suspects due to the gravity of the cultism allegation, though he did not oppose bail for the 90-year-old.
Counsel to the suspects, Barrister Agbonmwandolor Osayomwanbor, however, invoked Section 295 of the same law to seek bail, insisting that investigations had been concluded and continued detention was unjustified.
He pleaded for leniency, particularly for Pa Iduoriyekemwen on account of his advanced age, and assured the court that responsible sureties residing in Benin City would be provided.
In his ruling, Justice Momodu said after reviewing the affidavit and arguments from both sides, he found no merit in the remand application.
He questioned why cultism was introduced into what appeared to be a civil land matter, refused the police request, and admitted all four suspects to bail in the sum of N1 million each with one surety in like sum.
The court ordered that all sureties must be resident in Benin City.
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