Justice Obiora Egwuatu of the Federal High Court in Abuja has returned the case file involving 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 continued detention without trial and seeking bail pending the determination of his criminal case.
The matter came before Justice Egwuatu on Thursday for the respondents to show cause in response to Adeyemi’s application.
However, the judge declined to proceed after finding that the 72-hour period granted to the respondents had not yet expired.
Counsel to Adeyemi, Mr Muhammad Abdulaziz, told the court that all the respondents had been served and that the applicant was ready for the hearing.
The applicant’s counsel said, “As ordered on Wednesday, all the respondents have been duly served and we are ready to proceed.”
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 subsequently confirmed that the order was served on the respondents on September 8, while the hearing notice was served on September 9.
Justice Egwuatu questioned the timing of the service, noting that the 72-hour period allowed for the respondents to respond had not elapsed.
The judge also raised concerns about the proof of service for the hearing notice, asking whether it had been properly deposed to before a commissioner for oaths.
He consequently held that the respondents were still within the period granted to them 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.
Following the development, Justice Egwuatu returned the case file to the registry for reassignment. He directed the applicant to return to court after the respondents’ time 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 explain within 72 hours why Adeyemi’s remaining reliefs should not be granted.
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The court had already granted one of the reliefs sought by Adeyemi by ordering the authorities to provide him access to lawyers of his choice at reasonable hours while in custody.
In his fundamental rights suit, Adeyemi sought six reliefs, including an order for his immediate release, bail pending the determination of the case and access to medical practitioners of his choice.
He also asked the court to restrain the police from interrogating him or obtaining a statement from him in the absence of his lawyer.
Justice Egwuatu had declined to grant the substantive reliefs on an ex parte basis, holding that the respondents should first be given an opportunity to respond to the application.
Adeyemi was arrested in Osun State in July after the 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 involving 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.