A fundamental human rights enforcement suit filed by Adeniyi Adeyemi, the Director-General of the controversial Presidential Foreign Intervention Promotion Council (PFIPC), on Thursday, September 10, suffered a setback.
Adeyemi sued the Attorney-General of the Federation (AGF), the Inspector-General of Police, Nigeria Police Force and Assistant-Inspector General of Police as first to fourth respondents respectively.
The alleged fake DG, through his lawyer, Ademola Oyedokun, sought six reliefs before Justice Obiora Egwuatu.
Adeyemi, who is currently in police custody, had prayed the court to admit him to bail, release him from detention and allow him to seek medical attention from health practitioners of his own choice over his alleged ill health.
He also sought an order restraining the police or any other officers or agents from interrogating him or directing him to make, adopt or sign any statement, save in the presence of a legal practitioner of his own choice.
He equally sought an order that, for so long as he remains in custody, he should be given unimpeded access to legal practitioners of his own choice at all reasonable hours.
Justice Obiora Egwuatu, had, on September 3, declined to admit Adeyemi to bail or grant his prayer to seek medical attention from health practitioners of his own choice.
The judge, in a ruling on an ex-parte motion moved by Adeyemi’s lawyer, Muhammad Abdulazeez, held that there was the need to hear from the police and other respondents in the suit in the interest of fair hearing.
He, however, granted a relief for the police to give Adeyemi an unhindered access to his lawyers and adjourned the case till Wednesday, September 9, for the respondents to show cause why the detainee’s reliefs should not be granted.
The matter could not be heard on Wednesday due to the applicant’s inability to serve the respondents and the case was fixed for Thursday.
When the matter was called on Thursday, only Adeyemi’s counsel, Abdulazeez, and AGF’s lawyer, Akeredolu, were in court. No lawyer appeared for the police.
Abduazeez then informed the court that the matter was slated for the respondents to show cause why their request should not be granted.
He said as ordered by the court the previous day, all the respondents had been duly served and he was ready to proceed.
The registrar confirmed from the court record that the proof of service and the order to show cause were served on the respondents on September 8.
The judge then asked the registrar to also confirm if the hearing notice for Thursday’s sitting was served on the respondents and he confirmed that it was served on September 9.
Justice Egwuatu, however, observed from the proof of service of the hearing notice that it was not deposed before a commissioner of oaths. The judge described the proof of service as “incompetent.”
When the court file was shown to Abdulazeez, he admitted the proof of service was incompetent.
The lawyer, therefore, sought a short date of adjournment so that they could do the needful.
Justice Egwuatu, therefore, ordered that the case file be sent back to the registry for reassignment.
