Momoh, representing Etsako West Constituency 1 in the state assembly on the platform of the Action Congress of Nigeria (ACN), was arrested on April 20, by the police.
The lawmaker, first arraigned on May 2, before Magistrate Caroline Nwoha in Auchi, was arrested during the state’s local government elections in Agbede, Etsako West Local Government Area.
The court had, on May 2, remanded Momoh in police custody instead of prison on health grounds.
The magistrate also reserved ruling on bail for May 7, after allowing the amendment to the earlier charge of unlawful possession of firearm to that of alleged robbery.
The prosecutor, Mr Daniel Mato, had also prayed for the case to be heard in the state High Court, saying that the charge had nothing to do with electoral offence.
He argued that it was only a mere coincidence that the offence was committed the same day the council polls were held.
In her ruling, Nwoha said that her court lacked the jurisdiction to entertain the matter.
She ordered that the case file be sent to State Director of Public Prosecutor (DPP) for advice.
She adjourned the case to June 3, and ordered that the accused be remanded in Auchi prison.