The Federal High Court in Abuja has returned to its registry for reassignment a fundamental rights suit filed by detained Adeniyi Adeyemi, who claims to be the Director-General of the Presidential Foreign Investment Promotion Council.
Justice Obiora Egwuatu took the decision on Thursday after observing that the 72-hour period given to the respondents to explain why the applicant’s remaining requests should not be granted had not expired.
Adeyemi’s lawyer, Muhammad Abdulaziz, told the court that the respondents had been served with the necessary processes and that his client was prepared for the hearing.
Counsel representing the Attorney-General of the Federation, Mercy Akeredolu, was also in court, while other respondents were not present.
Abdulaziz told the judge, “As ordered yesterday, all the respondents have been duly served, and we are ready to proceed.”
However, the court registrar informed the judge that the respondents received the relevant order on September 8, while the hearing notice was served on September 9.
Justice Egwuatu consequently held that the 72-hour period had not yet run out.
The judge also raised concerns about the proof of service for the hearing notice, particularly whether it had been properly sworn before a commissioner for oaths.
Justice Egwuatu said, “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.”
He added that the applicant, considering the urgency of the matter, was responsible for taking the necessary steps once the stipulated period elapsed.
The judge therefore directed that the case file be returned to the registry for reassignment. Adeyemi is expected to return to court after the respondents’ 72-hour window expires and the matter becomes ripe for hearing.
The development followed an earlier order directing the Inspector-General of Police, the police and the Attorney-General of the Federation to show cause within 72 hours why some of the reliefs sought by Adeyemi should not be granted.
The court had already granted one of his requests, ordering the authorities to provide him with access to lawyers of his choice at reasonable hours while he remains in custody.
In the suit, Adeyemi sought six reliefs, including his release, bail pending determination of the case and access to medical practitioners of his choice.
He also asked the court to stop the police from interrogating him or obtaining a statement from him in the absence of his lawyer.
The court had declined to grant the substantive requests on an ex parte basis, opting instead to give the respondents an opportunity to respond.
Adeyemi was arrested in Osun State in July after a Federal High Court in Abuja issued a bench warrant for his arrest over his repeated absence from court for arraignment.
He is facing an eight-count charge involving alleged forgery, fraud and impersonation arising from his claim to head the PFIPC, an organisation the Presidency has described as fake.
He 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 several missed appearances.
