Court Delays Rights Hearing for ‘Fake’ Agency DG Adeyemi

The Federal High Court in Abuja on Thursday returned to its registry for reassignment a fundamental rights case filed by detained Adeniyi Adeyemi, after the court found that the 72-hour deadline given to the respondents had not yet expired.

The case, which came before Justice Obiora Egwuatu, concerns Adeyemi’s detention and his request for the court to grant several orders relating to his fundamental rights.

Adeyemi, who describes himself as the Director-General of the Presidential Foreign Investment Promotion Council, had filed the suit against the Inspector-General of Police, the Nigeria Police Force and the Attorney-General of the Federation.

At Thursday’s proceedings, Adeyemi’s lawyer, Muhammad Abdulaziz, informed the court that the respondents had been served and that his client was ready for the hearing. Counsel representing the Attorney-General of the Federation, Mercy Akeredolu, was also in court, while the other respondents were not present.

However, the court registrar informed Justice Egwuatu that the relevant order had only been served on the respondents on September 8, while the hearing notice was served the following day.

The judge consequently observed that the 72-hour period allowed for the respondents to respond to the application had not elapsed. He also raised questions about the proof of service attached to the hearing notice and whether it had been properly sworn before a commissioner for oaths.

Justice Egwuatu therefore directed that the case file be returned to the court registry for reassignment. He instructed that Adeyemi should return when the period given to the respondents had expired and the matter was ready for hearing.

The development followed an earlier order by the court directing the police authorities and the Attorney-General of the Federation to explain within 72 hours why Adeyemi’s remaining requests should not be granted.

The court had already granted one of the reliefs sought by Adeyemi by ordering the authorities to give him access to lawyers of his choice at reasonable times while he remains in custody.

In the suit, Adeyemi is seeking six orders from the court. Among his requests are his release from detention, bail pending the determination of the case and access to medical professionals of his choice.

He also wants the police prevented from questioning him or taking a statement from him without his lawyer being present.

The court had earlier refused to grant the main reliefs immediately without hearing from the respondents, choosing instead to give the authorities an opportunity to respond to the allegations.

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 absence from court for arraignment.

He is facing an eight-count charge involving alleged forgery, fraud and impersonation over his claim to head the Presidential Foreign Investment Promotion Council. The Presidency has disowned the organisation, describing it as fake.

Adeyemi is expected to be arraigned on September 30, following a previous order by Justice Mohammed Umar directing security agencies to arrest him and bring him before the court after several missed appearances.

The latest development means Adeyemi’s fundamental rights application will have to wait until the respondents’ allotted 72-hour period has run its course before the court can proceed with the remaining requests.