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Justice Obiora Egwuatu of the Federal High Court in Abuja has sent back the case file of Adeniyi Adeyemi, the detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, PFIPC, to the Chief Judge of the court, Justice John Tsoho, for reassignment to another judge.

The case file concerns a fundamental rights application filed by Adeyemi, challenging his continued detention without trial and seeking an order admitting him to bail pending his trial.

However, the court on Thursday refused to commence proceedings after determining that the 72-hour period granted to the respondents to explain why Adeyemi’s outstanding requests should not be granted had not yet elapsed.

The matter, which was brought before Justice Obiora Egwuatu, was scheduled for the respondents to provide reasons in response to Adeyemi’s application.

During the proceedings, Adeyemi’s counsel, Mr Muhammad Abdulaziz, informed the court that all the respondents had been properly served and that the applicant was prepared to proceed with the case.

However, counsel to the Attorney General of the Federation, Mercy Akeredolu, was not present in court, while the other respondents were also absent.

The applicant’s lawyer said, “As ordered on Wednesday, all the respondents have been duly served and we are ready to proceed.”

The registrar thereafter confirmed that the court order was served on the respondents on September 8, while the hearing notice was served on September 9.

Justice Egwuatu, however, raised concerns over the timing of the service, noting that the 72-hour window had yet to run out.

The judge also questioned whether the proof of service for the hearing notice was competent, asking if it had been properly sworn to before a commissioner for oaths.

He consequently ruled that the respondents still had time within the period allowed by law 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.

Justice Egwuatu subsequently directed that the case file be returned to the registry for reassignment, instructing the applicant to return once the respondents’ allotted period had elapsed and the matter was ready for hearing.

The development came after 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 outstanding reliefs should not be granted.

The court had, however, granted one of the reliefs requested by Adeyemi, ordering the authorities to permit him to consult lawyers of his choice at reasonable hours while in custody.

In his fundamental rights application, Adeyemi had requested six reliefs, including an order for his release, bail pending the conclusion of the case and access to medical practitioners of his choice.

He also asked the court to restrain the police from questioning him or taking any statement from him in the absence of his lawyer.

The court refused to grant the substantive reliefs on an ex parte basis, maintaining that the respondents must first be given an opportunity to present their response.

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 directive by Justice Mohammed Umar ordering security agencies to arrest him and bring him before the court after his repeated failure to appear.

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