“72-Hour Period Has Not Expired” — Court Returns Adeyemi’s Rights Suit For Reassignment, Declines Hearing

Justice Obiora Egwuatu of the Federal High Court in Abuja has returned to the court’s Registry for reassignment the fundamental rights suit filed by detained Adeniyi Adeyemi, who describes himself as Director-General of the Presidential Foreign Investment Promotion Council (PFIPC).
The judge declined to proceed with the hearing after observing that the 72-hour period earlier granted to the Inspector-General of Police, the Nigeria Police Force and the Attorney-General of the Federation to show cause had not yet expired.
When the matter came up, Adeyemi’s counsel, Muhammad Abdulaziz, told the court that all the respondents had been served and that the applicant was ready to proceed.
“As ordered yesterday, all the respondents have been duly served, and we are ready to proceed,” Abdulaziz told the court.
At the judge’s direction, the court Registrar examined the file and confirmed that the respondents were served with the relevant order on Tuesday, while the hearing notice was served on Wednesday.
Justice Egwuatu, however, questioned the timing of the service and the competence of the proof of service presented in relation to the hearing notice, noting that the respondents remained within the period allowed by the court to respond.
“Well, in any case, the 72 hours have not expired. And yesterday, you told me it would expire today, and that was why I fixed today for hearing,” the judge said.
“You know the urgency of your matter; you are the one to do the needful.”
Justice Egwuatu, who was sitting as a vacation judge, consequently said he would return the case file to the Registry for reassignment. He directed the applicant to take further steps after the period granted to the respondents had elapsed.
The development followed an earlier ruling by the court on September 3 on an ex parte application filed by Adeyemi.
In that ruling, Justice Egwuatu ordered the Inspector-General of Police, Tunji Disu, and the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to ensure that Adeyemi was allowed access to his lawyers.
The court also directed the IGP, the Nigeria Police Force and the AGF to show cause within 72 hours why other reliefs sought by Adeyemi, including his request for bail, should not be granted.
Adeyemi, who is being held by the police, had sought six reliefs in the fundamental rights action, including orders for his release, bail pending the determination of the suit and access to medical practitioners of his choice.
He also sought an order restraining the police from interrogating him or obtaining a statement from him without the presence of his lawyer.
The court has not determined the substantive fundamental rights claims or Adeyemi’s request for bail. The file is to be reassigned for further proceedings after the respondents’ time to show cause expires.
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