The Federal High Court in Abuja has returned the case file of Adeniyi Adeyemi’s fundamental rights suit to the registry for reassignment.
Justice Obiora Egwuatu took the decision on Thursday after finding that the 72-hour period given to the respondents to respond to Adeyemi’s application had not expired.
The judge also found a defect in the proof of service for the hearing notice, which had not been sworn to before a commissioner for oaths.
Adeyemi’s lawyer, Muhammad Abdulazeez, told the court that all respondents had been served and urged it to proceed with the matter. However, counsel for the police was absent.
The court noted that the respondents had received the order to show cause on September 8, while the hearing notice was served on September 9.
Justice Egwuatu subsequently ordered that the case file be returned to the registry for reassignment.
Adeyemi, who is in police custody, had filed the suit seeking his release, bail, access to medical treatment, and unrestricted access to his lawyers. He also asked the court to stop the police from interrogating him without his lawyer present.
On September 3, the court granted him access to his lawyers but declined to grant his other requests without hearing from the respondents.
Adeyemi was arrested in Osun State in July after a Federal High Court issued a warrant for his arrest over his failure to appear for arraignment.
He faces an eight-count charge bordering on alleged forgery, impersonation, and fraud over his claim to head the purported Presidential Foreign Investment Promotion Council (PFIPC), which the Presidency has disowned.
His criminal case is scheduled for arraignment on September 30.
