Federal High Court: Adeniyi Adeyemi Fundamental Rights Suit Reassigned

• The Federal High Court in Abuja returned Adeniyi Adeyemi's fundamental rights suit for reassignment due to an unexpired 72-hour 'show cause' period for respondents.
• Justice Obiora Egwuatu noted that the court order was served on September 8, and the hearing notice on September 9, meaning the 72-hour window had not elapsed.
• Adeyemi, a self-styled DG of a 'fake' Presidential Foreign Investment Promotion Council, sought six reliefs including release and bail, but only access to lawyers was previously granted.
• He faces an eight-count charge for forgery, fraud, and impersonation, stemming from his July arrest on a bench warrant for failing to appear in court.
• The case highlights the strict adherence to procedural timelines and valid proof of service required in fundamental rights applications in Nigeria.

The procedural ruling highlights the strict adherence to court-ordered timelines in urgent legal matters.

The Federal High Court in Abuja has returned a fundamental rights suit filed by Adeniyi Adeyemi, who claims to be the Director-General of the Presidential Foreign Investment Promotion Council (PFIPC), to its registry for reassignment. This decision, made by Justice Obiora Egwuatu, came after the court determined that the stipulated 72-hour period for respondents to provide reasons against granting Adeyemi's remaining reliefs had not yet expired. The procedural ruling highlights the strict adherence to court-ordered timelines in urgent legal matters.

The court's action followed a hearing where Adeyemi’s lawyer, Muhammad Abdulaziz, asserted that all respondents had been duly served and that his client was prepared to proceed. However, the court registrar clarified that while the initial order was served on September 8, the hearing notice was only served on September 9. Justice Egwuatu subsequently pointed out that the 72-hour window, which began with the service of the order, was still open. The judge also raised concerns regarding the validity of the proof of service for the hearing notice, questioning whether it had been properly sworn before a commissioner for oaths.

Counsel representing the Attorney-General of the Federation, Mercy Akeredolu, was present during the proceedings, but other named respondents were absent. Justice Egwuatu underscored the applicant's responsibility to ensure all procedural requirements are met, particularly given the urgency of the matter. The judge stated that the respondents still had time within the period granted by the court to show cause, leading to the decision to return the case file for reassignment. The applicant is expected to return after the 72-hour period has fully elapsed and the matter is ready for a proper hearing.

Adeniyi Adeyemi's fundamental rights application seeks six specific reliefs, including an order for his immediate release, bail pending the determination of his case, and access to medical practitioners of his choice. He also requested an order to prevent the police from interrogating him or obtaining a statement without his legal counsel present. While the court had previously granted one of his requests, allowing him access to lawyers of his choice at reasonable hours during his detention, it had declined to grant the substantive reliefs on an ex parte basis, insisting that respondents be given an opportunity to respond.

Adeyemi's legal troubles stem from his arrest in July in Osun State, which occurred after the Federal High Court in Abuja issued a bench warrant for his apprehension. This warrant was issued due to his repeated failure to appear for arraignment in a separate criminal case. He faces an eight-count charge encompassing allegations of forgery, fraud, and impersonation, primarily related to his claim of being the Director-General of the Presidential Foreign Investment Promotion Council, an entity the Presidency has publicly disavowed as "fake."

His arraignment in the criminal case is anticipated on September 30. This date follows an earlier directive from Justice Mohammed Umar, who ordered security agencies to arrest Adeyemi and ensure his presence in court after his consistent non-appearance.

This Federal High Court Adeyemi hearing delay underscores the critical importance of strict adherence to procedural timelines, especially the 72-hour 'show cause' period, in fundamental human rights Nigeria procedure. Justice Obiora Egwuatu's procedural ruling serves as a clear reminder that even in cases involving fundamental rights, which are often treated with urgency, meticulous compliance with court orders and service rules is paramount. The court's decision to reassign the Adeniyi Adeyemi fundamental rights suit reassignment highlights that a perceived urgency does not override established legal processes for notifying and allowing respondents to prepare their defense.

The requirement for valid proof of service, specifically whether the hearing notice was properly sworn before a commissioner for oaths, further emphasizes the detailed scrutiny courts apply to procedural steps. Lawyers handling such applications must ensure that all documentation is not only served but also validated correctly, as any oversight can lead to delays or, as seen in this instance, the reassignment of a case. This incident reinforces that the onus is on the applicant to diligently fulfill all prerequisites for a matter to proceed, ensuring fairness and due process for all parties involved.

This case serves as a reminder of the strict adherence to procedural timelines, particularly the 72-hour 'show cause' period, in fundamental rights applications before the Federal High Court in Nigeria. Lawyers should note that even urgent matters can face reassignment if procedural requirements for respondent notification are not fully met, emphasizing the importance of meticulous compliance with court orders and service rules.

Source: Original reporting via The PUNCH