A 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 (PFIPC), Adeniyi Adeyemi.
Justice Obiora Egwuatu took the decision after noting that the 72-hour period given to the respondents to show cause why Adeyemi’s remaining requests should be granted had not expired.
The matter came before the judge following an earlier order directing the Inspector-General of Police, the Nigeria Police Force and the Attorney-General of the Federation to respond to Adeyemi’s application.
Adeyemi’s counsel, Muhammad Abdulaziz, told the court that all the respondents had been served with the relevant processes and that his client was ready to proceed.
Counsel to the Attorney-General of the Federation, Mercy Akeredolu, was also present, while the other respondents were not represented.
“As ordered yesterday, all the respondents have been duly served, and we are ready to proceed,” Abdulaziz told the court.
However, the court registrar informed Justice Egwuatu that the order was served on the respondents on September 8, while the hearing notice was served on September 9.
The judge consequently observed that the 72-hour period granted to the respondents had not elapsed.
Egwuatu also questioned the validity of the proof of service for the hearing notice, asking whether the document had been properly sworn before a commissioner for oaths.
He maintained that the respondents still had time to comply with the court’s directive before the matter could be heard.
“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.
He further directed Adeyemi’s counsel to return after the respondents’ 72-hour period had expired and the matter was ready for hearing.
The development followed the court’s earlier decision to give the respondents an opportunity to explain why Adeyemi’s remaining reliefs should not be granted.
While the court declined to grant the substantive reliefs on an ex parte basis, it granted one of the requests made by Adeyemi by ordering the authorities to allow him access to lawyers of his choice at reasonable hours while he remains in custody.
Adeyemi’s fundamental rights suit contains six reliefs, including an order for his release and bail pending the determination of the case.
He also sought permission to access medical practitioners of his choice and an order restraining the police from interrogating him or obtaining a statement from him without his lawyer present.
The court had declined to grant those substantive requests without first hearing from the respondents.
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 involving alleged forgery, fraud and impersonation arising from his claim to be the Director-General of the PFIPC.
The Presidency has disowned the organisation 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.
