ABUJA — The Federal High Court in Abuja has delayed the hearing of a fundamental rights suit filed by detained businessman Adeniyi Adeyemi, who is facing criminal charges over allegations that he presented himself as the Director General of a presidential investment agency that the Presidency says does not exist.

Justice Obiora Egwuatu on Thursday returned the case file to the court registry for reassignment after determining that a 72 hour period previously granted to the respondents to explain why Adeyemi's remaining requests should not be granted had not expired.

Adeyemi is seeking his release from custody, bail pending determination of the case, access to medical practitioners of his choice and restrictions on police questioning without his lawyer present.

The court had previously granted him access to lawyers of his choice at reasonable hours but declined to immediately grant the other substantive requests without first hearing from the authorities.

The Inspector General of Police, the Nigeria Police Force and the Attorney General of the Federation were given 72 hours to respond.

When the case returned to court on Thursday, however, Justice Egwuatu found that the deadline had not yet elapsed.

COURT QUESTIONS TIMING OF HEARING

Adeyemi's lawyer, Muhammad Abdulaziz, told the court that all respondents had been served and that his client was prepared to proceed with the application.

“As ordered yesterday, all the respondents have been duly served, and we are ready to proceed,” Abdulaziz said.

Mercy Akeredolu appeared on behalf of the Attorney General of the Federation, while the other respondents were not represented at the proceedings.

The court registrar informed Justice Egwuatu that the earlier order had been served on the respondents on September 8, while the hearing notice was served the following day.

The judge concluded that the full 72 hour period given to the respondents had therefore not expired.

Justice Egwuatu also raised questions about the proof of service relating to the hearing notice and whether it had been properly sworn before a commissioner for oaths.

“Well, in any case, the 72 hours is not expired,” the judge said.

He reminded Adeyemi's lawyer of the urgency attached to the application and said the necessary procedural requirements had to be completed before the case could proceed.

The judge subsequently directed that the case file be returned to the registry for reassignment.

The decision does not amount to a dismissal of Adeyemi's fundamental rights application. The outstanding requests can be considered after the respondents have had the period granted by the court to respond and the matter is assigned for further hearing.

ADEYEMI SEEKS RELEASE AND MEDICAL ACCESS

Adeyemi filed the fundamental rights action while in police custody.

His application contains six requests for relief from the court.

Among them are an order directing his release, bail pending determination of the case and permission to receive medical attention from practitioners of his choice.

He is also asking the court to prevent police investigators from questioning him or obtaining a statement from him without his lawyer being present.

The court declined to grant those substantive requests on an ex parte basis.

Instead, Justice Egwuatu directed the authorities to show cause why the reliefs should not be granted.

One request was immediately approved, with the court ordering authorities to allow Adeyemi reasonable access to lawyers of his choice while he remains detained.

ARREST FOLLOWED BENCH WARRANT

The rights case is separate from the criminal proceedings facing Adeyemi.

He was arrested in Osun State in July after a Federal High Court in Abuja issued a bench warrant following his repeated failure to appear for arraignment.

Adeyemi faces an eight count criminal charge involving allegations of forgery, fraud and impersonation.

The allegations centre on his claim to be Director General of an organisation known as the Presidential Foreign Investment Promotion Council.

The Presidency has disowned the organisation and described it as fake.

The criminal allegations against Adeyemi have not been determined by the court, and he is presumed innocent unless proven guilty.

Justice Mohammed Umar had previously ordered security agencies to arrest Adeyemi and produce him before the court after he repeatedly failed to appear for arraignment.

His arraignment is now expected on September 30.

RIGHTS CASE TO BE REASSIGNED

Thursday's proceedings dealt only with Adeyemi's fundamental rights application and not the substance of the criminal charges against him.

The court must still determine whether his continued detention and the conditions surrounding it comply with his constitutional rights.

The respondents will also have an opportunity to present their position before the outstanding requests are determined.

Justice Egwuatu directed that the case file be returned to the Federal High Court registry, where it will be reassigned to a regular court after the procedural deadline has passed.

Until then, the earlier order allowing Adeyemi access to his lawyers remains in place while his requests for release, bail, medical access and restrictions on interrogation await determination.