The News Agency of Nigeria reports that the Chief Magistrate, Mrs Jejelola Ogunbona, adjourned the case till September 28 for the report on the arraignment of Ilaka and his bodyguard, Temitayo Alamiyo, at the Oyo State High Court.
The prosecutor and state counsel, Abdullahi Olawale, said a legal advice had been issued and dispatched.
The trial magistrate, who said the court had yet to receive a copy of the legal advice, was presented one.
Olawale said: “The case has been filed at the High Court as we are set to prosecute.
“Once the High Court takes it up, this court shall be informed so that this case can be struck out.”
The defence counsel, Abiodun Abdulraheem, who claimed he had submitted medical documents to secure bail for his clients, said he would proceed to the High Court with the new development.
The defendants were arraigned on a five-count charge of conspiracy, causing death, unlawful attempt to kill, unlawful possession of firearms and possession of a pump action rifle.
The Police Prosecutor, Matthew Ojeih, had earlier told the court that Ilaka and Alamiyo conspired to commit felony and attempted murder.
Ojeih said that Alamiyo on Sept. 8 unlawfully caused the death of Toheeb Olanrewaju, 20, Modinat Adeyemi, 55, and Tijani Lateef, 35, by shooting them with a pump action gun.
He also alleged that Alamiyo unlawfully attempted to kill one Isiaka Afolabi, 47, by shooting him in the right eye with a pump action gun.
The offences, he said, were committed on September 8 at about 4.00 p.m. at the palace of the Alaafin of Oyo.
The police prosecutor said the offences were punishable under Sections 319, 320 and 324 of the Criminal Code, Cap 38, Vol. II, Laws of Oyo State, 2000.
He added that the offences also contravened Section 3 and 6 (b) of the Robbery and Firearms (Special Provisions) Act, Cap RII, Vol.14, Laws of the Federation of Nigeria, 2004