A chief magistrate's court sitting in Akure, Ondo State has remanded Lance Corporal Sunday Awolola, a 33-year-old soldier, who allegedly raped a female student of the Adekunle Ajasin University Akungba Akoko (AAAU) in prison custody.
Mayowa Olanipekun, the magistrate, ordered the remand of the solider on Friday after granting an application sought by the police.
On Wednesday, Adeoye Adesegun, a prosecutor in the case had sought application to remand the suspect in prison custody for the police to gather facts against the suspect.
But the defence counsel, Kayode Ikotun, filed a counter-affidavit opposing the application, noting that Awolola should not be remanded in prison.
Ikotun argued that the soldier was facing "psychiatric health challenges" and should be granted bail.
He argued that the suspect, whose wife recently put to bed, was deployed to Akure from Maiduguri to take care of his health and family.
After the arguments, the prosecutor objected the position of the defence and immediately told the court that it had no jurisdictions to even hear the rape case.
However, the court that the soldier should be remanded in custody at the Olokuta Maximum Prison pending legal advice from the Ministry of Justice.
He added that the original case file of the suspect should be duplicated in the office of Department of Public Prosecution (DPP) of the Ministry.
The case was adjourned until November 15.
Speaking to journalists after the hearing, Olubunmi Akinola, one of the victim's counsels said they would await the legal advice from the DPP.
"Once the legal advice is out and the suspect has a case to answer, he will definitely be trailed at the High Court sitting in the state. So, all that the complainant want is for justice to be done and for the case not to be swept under the rug," Akinola said.