Justice Obiora Egwuatu of the Federal High Court in Abuja, on Thursday, returned the case file of the detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, Adeniyi Adeyemi to the Chief Judge of the Court, Justice John Tsoho, for re-assignment to another Judge.
The case file is in respect of a fundamental rights suit filed by Adeyemi challenging his detention without trial and praying the court to admit him to bail, pending his trial
But the court on Thursday declined to proceed with the hearing, after establishing that the 72-hour period given to the respondents to show cause on why Adeyemi’s remaining requests should not be granted had not expired.
The matter, which came up before Justice Obiora Egwuatu, had been scheduled for the respondents to show cause in response to Adeyemi’s application.
At the proceedings, counsel for Adeyemi, Mr Muhammad Abdulaziz, told the court that the respondents had been duly served and that the applicant was ready to proceed.
But counsel for the Attorney General of the Federation, Mercy Akeredolu, was not in court and other respondents were also absent.
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 had been served on the respondents on September 8, while the hearing notice was served on September 9.
Justice Egwuatu, however, queried the timing of the service and pointed out that the 72-hour period 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 to before a commissioner for oaths.
He subsequently held that the respondents were 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, directing the applicant to return when the respondents’ time had expired and the matter was ready to proceed.
The development followed an earlier order by the court 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.
But the court had 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 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.
