The Federal High Court in Abuja on Thursday returned to its registry for reassignment a fundamental rights suit filed by detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, Adeniyi Adeyemi, after the court found that the 72-hour period given to the respondents to show cause had not expired.
Justice Obiora Egwuatu took the decision after pointing out that the respondents still had time to respond to the court’s earlier order.
Adeyemi’s lawyer, Muhammad Abdulaziz, had told the court that all the respondents had been served and that his client was ready for the hearing.
Counsel for the Attorney-General of the Federation, Mercy Akeredolu, was also present, while other respondents were absent.
“As ordered yesterday, all the respondents have been duly served, and we are ready to proceed,” Abdulaziz told the court.
However, the registrar informed the court that the respondents were served with the order on September 8, while the hearing notice was served on September 9.
Justice Egwuatu consequently held that the 72-hour period had not elapsed.
“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.
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 subsequently directed that the case file be returned to the court’s registry for reassignment.
Justice Egwuatu said the applicant could return to court after the 72-hour period granted to the respondents had expired and the matter was ready for hearing.
The development followed an earlier order directing the Inspector-General of Police, the Nigeria Police Force 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, already granted one of the reliefs sought by Adeyemi, ordering the authorities to allow him access to lawyers of his choice at reasonable hours while in custody.
In the fundamental rights suit, Adeyemi is seeking six reliefs, including an order for his release and bail pending the determination of the case.
He is also seeking access to 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 the substantive reliefs on an ex parte basis and instead directed the respondents to respond.
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 Presidential Foreign Investment Promotion Council, an organisation the Presidency has disowned as “fake.”
