An Ikeja Magistrates’ Court which gave the ruling also ordered that the case file should be sent to the State Director of Public Prosecutions (DPP) for legal advice.
The magistrate, Mrs B.O. Osunsanmi, adjourned the case until June 18 for mention.
Olayanju, who resides at Ijaiye Ojokoro area of Lagos state, is facing a charge of defilement.
Earlier, Police prosecutor Ezekiel Ayorinde had told the court that the accused committed the offence on April 14 at his residence.
He said that the accused lured the girl into his room and defiled her.
“The accused called the girl who was playing at the corridor to his room and thrust one of his fingers into her private parts.”
“He also had canal knowledge of her,” he said.
Ayorinde said some neighbours saw her crying and blood gushing out of her private parts as she was coming out of the accused’s room.
“She was taken to the hospital where she was diagnosed and a medical report revealed that there was penetration into her private part.
“The case was reported at the police station and the accused was arrested for questioning,’’ he said.
The prosecutor said that the offence contravened Section 137 of the Criminal Law of Lagos State, 2015(Revised).
The News Agency of Nigeria (NAN) reports that the Section prescribes life imprisonment for defilement.