Justice Obiora Egwuatu of the Federal High Court in Abuja has returned the fundamental rights suit filed by the detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, Adeniyi Adeyemi, for reassignment to another judge.
The judge returned the case file to the Chief Judge of the Federal High Court, Justice John Tsoho, after declining to proceed with the hearing on Thursday.
Adeyemi had approached the court to challenge his continued detention without trial and sought his release or admission to bail pending the determination of his criminal case.
The matter was scheduled for the respondents to explain why the remaining reliefs sought by Adeyemi should not be granted.
However, the court observed that the 72-hour period given to the respondents to respond had not expired.
Counsel to Adeyemi, Muhammad Abdulaziz, told the court that all the respondents had been served and that his client was ready to proceed with the application.
However, counsel to the Attorney General of the Federation, Mercy Akeredolu, was absent from court, while other respondents were also not represented.
The court registrar confirmed that the respondents were served with the order on September 8, while the hearing notice was served on September 9.
Justice Egwuatu questioned the timing of the service, noting that the respondents had not exhausted the 72-hour period allowed for them to show cause. He also raised questions over whether the proof of service for the hearing notice had been properly sworn to before a commissioner for oaths.
The judge subsequently directed that the case file be returned to the registry for reassignment.
He also directed Adeyemi’s counsel to return when the respondents’ response period had elapsed 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 applications should not be granted.
The court had already granted one of his requests by ordering the authorities to allow him access to lawyers of his choice at reasonable hours while in custody.
Adeyemi had filed six reliefs, including an order for his release, bail pending the determination of his case, and access to medical practitioners of his choice.
He also sought an order preventing the police from interrogating him or obtaining his statement without his lawyer present.
The court had declined to grant the substantive reliefs on an ex parte basis, insisting that the respondents must first be given 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 following 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 several failed attempts to bring him before the court.