The legal battle over the continued detention of Adeniyi Adeyemi, the self-styled Director-General of the Presidential Foreign Investment Promotion Council (PFIPC), took another turn on Thursday after a Federal High Court in Abuja returned his case file to the Chief Judge for reassignment.
Justice Obiora Egwuatu declined to proceed with Adeyemi’s fundamental rights suit after determining that the 72-hour period granted to the respondents to respond to his application had not yet expired.
The development means the court could not immediately consider Adeyemi’s requests for release from detention and bail pending trial.
Adeyemi had approached the court to challenge what he described as unlawful detention without trial and sought several orders aimed at protecting his rights while in custody.
Why the hearing stalled
The matter came before Justice Egwuatu following 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 some of the reliefs sought by Adeyemi should not be granted.
At Thursday’s proceedings, Adeyemi’s lawyer, Muhammad Abdulaziz, told the court that the respondents had been served with the relevant documents and that his client was ready to proceed.
The counsel representing the Attorney-General of the Federation, Mercy Akeredolu, was, however, absent from court, while other respondents were also not represented.
The applicant’s lawyer maintained that the respondents had been properly served.
“As ordered on Wednesday, all the respondents have been duly served and we are ready to proceed,” Abdulaziz told the court.
The registrar subsequently informed the judge that the order had been served on the respondents on September 8, while the hearing notice was served the following day.
Justice Egwuatu, however, examined the timing of the service and noted that the required 72-hour period had not yet run out.
Judge questions proof of service
The judge also raised questions over the proof of service relating to the hearing notice, particularly whether the document had been properly sworn to before a commissioner for oaths.
Justice Egwuatu consequently held that the respondents were still within the period granted to them to respond.
“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.
Following the development, the judge returned the case file to the registry for reassignment.
He directed the applicant to return once the respondents’ response period had elapsed and the matter was ripe for hearing.
Adeyemi had sought release, bail
The latest development is part of a broader legal challenge by Adeyemi over his continued detention.
In his fundamental rights suit, he sought six reliefs, including an order directing his release from custody and another granting him bail pending the determination of the criminal proceedings against him.
He also requested access to medical practitioners of his choice and sought an order preventing the police from interrogating him or taking a statement from him without his lawyer present.
While the court declined to grant the substantive reliefs on an ex parte basis, it had already granted one of his requests.
The authorities were ordered to allow Adeyemi access to lawyers of his choice at reasonable hours while he remains in custody.
The court had said the respondents should first be given an opportunity to respond before the remaining applications could be considered.
Arrest followed repeated absence from court
Adeyemi’s detention followed his arrest in Osun State in July, after a Federal High Court in Abuja issued a bench warrant against him.
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The warrant was issued over his repeated failure to appear in court 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, describing it as “fake”.
Adeyemi is now expected to be arraigned on September 30, following an earlier order by Justice Mohammed Umardirecting security agencies to arrest him and bring him before the court after several missed appearances.
For now, however, his fundamental rights application remains unresolved, with the court’s latest decision ensuring that the respondents are allowed to exhaust the period granted to them before the matter proceeds.