A father identified as Yahaya Oisamaiye has been remanded in a correctional facility in Edo State by Justice Geraldine Imadegbelo to await the advice of the Director of Public Prosecution (DPP) over an allegation of defiling of his 15 months old baby identified as Belta Oisamaiye and the case adjourned to 23rd March 2022.
In an enrolment order by the judge in charge number B/CD/470M/2022 between Commissioner of Police versus Yahaya Oisamaye which is sequel to a motion exparte filed by the police who is the complainant/applicant in the case she said “The suspect is to be remanded at Oko Correctional Centre for an initial period of 14 days pending the advice of the Director of Public Prosecution (DPP). Return date is on the 23rd day of March 2022”
The court gave the remand order after listening to I. E Ekibade for the applicant and Dan Osei Okoh (SAN), Musa Bello, Uwa Okoh and C.O. Omozugbonwen for the suspect.
The charge sheet against the suspect reads “That you Yahaya Oisamaiye ‘m’ on or about the 7th day of February 2022, between 0500hrs – 0630hrs, at Brisbourne Iyamu Street, GRA, Benin City in the Benin Judicial Division, did have unlawful carnal knowledge of one Belta Oisamaiye ‘f’ aged 15 months and thereby committed an offence contrary to Section 4 and punishable under Section 5 (1) of the Edo State Violence Against Persons (Prohibition) Law 2021.
The police argued that their reason for the request for remand is based on the Administration of Criminal Justice Law of Edo State 2016 in Section 293(1) which provided that “when a suspect is arrested for an offence which a magistrate court has no jurisdiction to try shall within a reasonable time of arrest be brought before a high court for remand.”
