Justice Obiora Egwuatu of the Federal High Court in Abuja has returned the case file of detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, PFIPC, Adeniyi Adeyemi, to the Chief Judge, Justice John Tsoho, for reassignment to another judge.
The case concerns a fundamental rights suit filed by Adeyemi challenging his detention without trial and seeking his release on bail pending the determination of his case.
The court on Thursday declined to proceed with the hearing after finding that the 72-hour period granted to the respondents to show cause had not expired.
The matter came before Justice Egwuatu for the respondents to show cause in response to Adeyemi’s application.
Counsel to Adeyemi, Muhammad Abdulaziz, told the court that all the respondents had been duly served and that the applicant was ready to proceed.
However, counsel to the Attorney-General of the Federation, Mercy Akeredolu, was absent, while other respondents were also not represented in court.
The applicant’s counsel said, “As ordered on Wednesday, all the respondents have been duly served and we are ready to proceed.”
The registrar subsequently confirmed that the order was served on the respondents on September 8, while the hearing notice was served on September 9.
Justice Egwuatu, however, questioned the timing of the service, noting that the 72-hour period granted to the respondents had not elapsed.
The judge also questioned the competence of the proof of service for the hearing notice, asking whether it had been properly deposed before a commissioner for oaths.
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He consequently held that the respondents had yet to exhaust the period granted to them by law to show cause. “Well, in any case, the 72 hours has 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 returned the case file to the registry for reassignment and directed the applicant to return when the respondents’ time had expired and the matter was ready to proceed.
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, 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.
Adeyemi had sought six reliefs in his fundamental rights suit, including an order for his release from custody, bail pending the determination of the case and access to medical practitioners of his choice.
He also sought an order restraining the police from interrogating him or obtaining a statement from him without his lawyer being present.
The court declined to grant the substantive reliefs on an ex parte basis, insisting that the respondents should first be given an opportunity 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 PFIPC, an organization 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.
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