The Federal High Court in Abuja on Thursday returned to its registry for reassignment a fundamental rights suit filed by the detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, Adeniyi Adeyemi.
The court took the decision after finding that the 72-hour period granted to the respondents to show cause why Adeyemi’s remaining reliefs should be granted had not elapsed.
The case came up before Justice Obiora Egwuatu following an earlier order directing the respondents to respond to Adeyemi’s application.
Adeyemi’s lawyer, Muhammad Abdulaziz, told the court that all the respondents had been served and that his client was ready to proceed.
Counsel for the Attorney-General of the Federation, Mercy Akeredolu, was also present, while the other respondents were absent.
The applicant’s counsel said, “As ordered yesterday, all the respondents have been duly served, and we are ready to proceed.”
The registrar, however, informed the court that the order was served on the respondents on September 8, while the hearing notice was served on September 9.
Justice Egwuatu subsequently pointed out that the 72-hour period had not yet expired.
The judge also questioned the validity of the proof of service for the hearing notice, asking whether it had been properly sworn before a commissioner for oaths.
He held that the respondents still had time within the period granted by the court to show cause.
“Well, in any case, the 72 hours is not expired. And yesterday, you told me it will expire today, and that was why I fixed today. You know the urgency of your matter; you are the one to do the needful,” the judge said.
Justice Egwuatu thereafter directed that the case file be returned to the registry for reassignment, with the applicant to return after the respondents’ 72-hour period had expired and the matter was ready for hearing.
The development followed the court’s earlier order directing the Inspector-General of Police, the police and the Attorney-General of the Federation to show cause within 72 hours why Adeyemi’s remaining reliefs should not be granted.
The court had, however, granted one of the reliefs sought by Adeyemi, ordering the authorities to allow him access to lawyers of his choice at reasonable hours while he remains in custody.
In his fundamental rights suit, Adeyemi sought six reliefs, including an order for his release, bail pending the determination of the case and access to medical practitioners of his choice.
He also sought an order preventing the police from interrogating him or obtaining a statement from him without his lawyer present.
The court declined to grant the substantive reliefs on an ex parte basis, directing that the respondents first be given an opportunity to respond.
The PUNCH reports that Adeyemi was arrested in Osun State in July after the Federal High Court in Abuja issued a bench warrant for his arrest over his repeated failure to appear for arraignment.
He is facing an eight-count charge bordering on alleged forgery, fraud and impersonation over his claim to be the Director-General of the PFIPC, an organisation the Presidency has disowned as “fake”.
Adeyemi is expected to be arraigned on September 30 following an earlier order by Justice Mohammed Umar directing security agencies to arrest him and produce him in court after his repeated failure to appear.
