The Federal High Court in Abuja has returned to its registry for reassignment a fundamental rights suit filed by Adeniyi Adeyemi, the detained self-styled Director-General of the Presidential Foreign Investment Promotion Council.
The matter came up before Justice Obiora Egwuatu on Thursday, but the court declined to proceed with the hearing after establishing that the 72-hour period granted to the respondents to show cause why Adeyemi’s remaining reliefs should be granted had not yet expired.
Adeyemi’s counsel, Muhammad Abdulaziz, told the court that all the respondents had been served with the relevant court processes and that the applicant was ready to proceed with the case.
Counsel to the Attorney-General of the Federation, Mercy Akeredolu, was also present at the proceedings, while other respondents were absent.
Abdulaziz said, “As ordered yesterday, all the respondents have been duly served, and we are ready to proceed.”
However, the court registrar informed Justice Egwuatu that the order had been served on the respondents on September 8, while the hearing notice was served on September 9.
Based on the information, the judge observed that the 72-hour period granted to the respondents had not elapsed.
Justice Egwuatu also questioned the validity of the proof of service for the hearing notice, asking whether the document had been properly sworn before a commissioner for oaths.
The judge consequently held that the respondents still had sufficient time within the period granted by the court to respond to the application.
“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,” the judge said.
Justice Egwuatu thereafter directed that the case file be returned to the court registry for reassignment.
He also directed the applicant to return after the expiration of the 72-hour period, when the matter would be ready for hearing.
The development 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 show cause within 72 hours why Adeyemi’s remaining reliefs should not be granted.
Adeyemi had approached the court to challenge his continued detention and seek the enforcement of his fundamental rights.
Although the court has yet to determine his remaining prayers, it had earlier granted one of the reliefs sought by the applicant.
The court ordered the authorities to grant Adeyemi access to lawyers of his choice at reasonable hours for as long as he remains in custody.
The case is expected to return to court after the respondents’ 72-hour period expires and the necessary court processes are properly completed.
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