Court sends ‘fake agency’ DG’s rights suit for reassignment

The Federal High Court in Abuja has returned for reassignment a fundamental rights suit filed by detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, Adeniyi Adeyemi.

Justice Obiora Egwuatu ordered the return of the case file to the court’s registry on Thursday after observing that the 72-hour period granted to the respondents to respond to the application had not expired.

The development came despite Adeyemi’s lawyer, Muhammad Abdulaziz, informing the court that all the respondents had been served and that the applicant was ready to proceed with the hearing.

“As ordered yesterday, all the respondents have been duly served, and we are ready to proceed,” Abdulaziz told the court.

Counsel for the Attorney-General of the Federation, Mercy Akeredolu, was present in court, while the other respondents were absent.

However, the court registrar told Justice Egwuatu that the respondents were served with the court’s order on September 8, while the hearing notice was served the following day.

The judge consequently held that the 72-hour period within which the respondents were required to show cause had yet to lapse.

“Well, in any case, the 72 hours is 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,” Egwuatu said.

The judge also raised questions about the proof of service attached to the hearing notice, particularly whether it had been properly sworn before a commissioner for oaths.

He subsequently directed the registry to take back the case file for reassignment.

Justice Egwuatu said Adeyemi could return to court once the 72-hour period had elapsed and the matter was ripe for hearing.

The suit 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 explain why Adeyemi’s remaining reliefs should not be granted.

The court had already granted one of his requests, ordering the authorities to provide him access to lawyers of his choice at reasonable hours while in custody.

In the fundamental rights application, Adeyemi is seeking six reliefs, including an order for his release and bail pending the determination of the case.

He is also asking the court to grant him access to medical practitioners of his choice and prevent the police from interrogating him or obtaining a statement from him without his lawyer being present.

The court had earlier declined to grant the substantive reliefs sought on an ex parte basis and instead directed the respondents to appear and show cause.

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 arising from his claim to be the Director-General of the Presidential Foreign Investment Promotion Council.

The Presidency has disowned the organisation, describing it as “fake.”