PFIPC: Court to Reassign Adeyemi’s Fundamental Rights Suit

By Vivian Okejeme

Justice Obiora Egwuatu of the Federal High Court in Abuja on Thursday returned for reassignment a fundamental rights suit filed by the detained, self-acclaimed Director-General of the Presidential Foreign Investment Promotion Council (PFIPC), Adeniyi Adeyemi.

The hearing of the matter, scheduled for Thursday, was stalled after the court observed that the 72-hour period given to the respondents to show cause why Adeyemi’s remaining reliefs should be granted had not expired.

At the proceedings, counsel for Adeyemi, Muhammad Abdulaziz, told the court that the respondents had been duly 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.”

At this juncture, the registrar confirmed that the order had been served on the respondents on September 8, while the hearing notice was served on September 9.

The court queried the timing of the service and pointed out that the 72-hour period had not elapsed.

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

He subsequently held that the respondents had yet to exhaust the period granted to them to show cause.

“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. You know the urgency of your matter; you are the one to do the needful,” the judge said.

Justice Egwuatu thereafter returned the case file to the registry for reassignment, directing the applicant to return when the respondents’ time had expired and the matter was ready to proceed.

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.

The court had, however, granted one of the reliefs sought by Adeyemi, ordering the authorities to allow him access to lawyers of his choice at reasonable hours while he remains in custody.

Adeyemi had sought six reliefs in his fundamental rights suit, including an order for his release from custody, bail pending the determination of the case 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 his lawyer being present.

The court declined to grant the substantive reliefs on an ex parte basis, insisting that the respondents should first be given an opportunity to respond.

Adeyemi was arrested in Osun State in July after the Federal High Court in Abuja issued a bench warrant for his arrest over his repeated failure to appear for arraignment.

He is facing an eight-count charge bordering on alleged forgery, fraud and impersonation over his claim to be the Director-General of the PFIPC, an organisation the Presidency has disowned as “fake”.

Meanwhile, Adeyemi is expected to be arraigned on September 30.