A fundamental rights case filed by the Director-General of the controversial Presidential Foreign Intervention Promotion Council, Adeniyi Adeyemi, against the Attorney-General of the Federation and the police suffered another setback on Thursday as the Federal High Court in Abuja ordered the case file to be returned to the registry for reassignment.
Adeyemi, who is currently in police custody, had approached the court seeking protection of his fundamental rights following his arrest over allegations including forgery and impersonation.
The respondents in the suit are the Attorney-General of the Federation, the Inspector-General of Police, the Nigeria Police Force and an Assistant Inspector-General of Police.
Through his lawyers, Adeyemi asked the court for six reliefs, including an order directing his release from detention and granting him bail.
He also sought permission to obtain medical treatment from doctors and other healthcare professionals of his choice, citing alleged ill health.
Another relief sought by the applicant was an order preventing the police or their agents from interrogating him or compelling him to make, adopt or sign any statement except in the presence of a lawyer of his choice.
Adeyemi further asked the court to ensure that, for as long as he remained in custody, he would have unhindered access to his legal representatives at reasonable times.
The case had earlier come before Justice Obiora Egwuatu, who on September 3 declined to grant Adeyemi’s request for bail and the application to receive medical treatment from doctors of his choice.
The judge held that the respondents needed to be given an opportunity to respond to the allegations and applications before the court could make further orders, stressing the importance of fair hearing.
Justice Egwuatu, however, granted an order allowing Adeyemi unrestricted access to his lawyers and adjourned the matter for the respondents to explain why the applicant’s remaining requests should not be granted.
The matter was scheduled for Wednesday, but the hearing could not go ahead because Adeyemi’s legal team had been unable to establish proper service on the respondents.
The case was consequently moved to Thursday.
When proceedings resumed, Adeyemi’s lawyer, Abdulazeez, told the court that all the respondents had now been served and that he was ready to proceed with the application.
The Attorney-General of the Federation’s lawyer, Mercy Akeredolu, was also present. She told the court that she only became aware of the case through social media.
No lawyer appeared in court to represent the police.
The court registrar confirmed that the proof of service and the order directing the respondents to show cause had been served on September 8.
Justice Egwuatu then requested confirmation that the hearing notice for Thursday’s proceedings had also been properly served.
Although the registrar confirmed that the notice had been served on September 9, the judge discovered a problem with the documentation.
He observed that the proof of service attached to the hearing notice had not been sworn before a commissioner for oaths.
The judge consequently ruled that the proof of service was incompetent.
When the document was shown to Adeyemi’s lawyer, he acknowledged the defect and asked the court for a short adjournment to enable the legal team to correct the problem.
Justice Egwuatu, however, noted that the respondents were still within the period allowed to respond to the order to show cause because the relevant processes had only been served on September 8.
He also pointed out that the court’s vacation was coming to an end.
Rather than continue with the matter in its current form, the judge ordered that the case file be returned to the court registry for reassignment.
The development means Adeyemi’s application for bail, medical treatment and other protections has yet to receive a substantive determination.
The fundamental rights proceedings are separate from the criminal case already pending against him before another judge of the Federal High Court.
The police are prosecuting Adeyemi in charge number FHC/ABJ/CR/562/2025 over allegations bordering on forgery and impersonation, among other offences.
Justice Mohammed Umar, who is handling that criminal matter, had earlier issued a warrant for Adeyemi’s arrest after he failed to appear for scheduled proceedings.
The judge subsequently fixed September 30 for his arraignment.
Adeyemi was later arrested by the police and has remained in custody pending the arraignment.
The criminal charge lists Adeyemi as the first defendant, alongside two other individuals identified as “Femi Surname Unknown” and “Anu Surname Unknown.”
The prosecution has indicated that it intends to call several witnesses during the trial. Those listed include the Chief of Staff to the President, Femi Gbajabiamila, as well as officials from the Office of the Accountant-General of the Federation.
Investigators have alleged that Adeyemi operated the purported agency from the Federal Secretariat Complex in Abuja before his arrest.
The allegations have not been established against him in court, and the criminal proceedings remain ongoing.
For now, the latest development in the separate fundamental rights case means Adeyemi’s legal team will have to correct the defective proof of service and await reassignment of the matter before the court can proceed with the outstanding applications.
