fundamental rights: Adeyemi Rights Suit Stalls Over Service Defect

fundamental rights: The Federal High Court in Abuja has returned the fundamental rights suit filed by detained Adeniyi Adeyemi to the court registry for reassignment after declining to proceed with the matter.

Adeyemi, who has been associated with the controversial Presidential Foreign Investment Promotion Council, is seeking his release from police custody, bail and permission to receive medical treatment from health practitioners of his choice.

He is also asking the court to restrain the police and other authorities from interrogating him or compelling him to make, adopt or sign statements except in the presence of a lawyer of his choice.

At the latest proceedings before Justice Obiora Egwuatu, the court found that the 72-hour period previously granted to the respondents to show cause why the remaining reliefs should not be granted had not expired.

The judge also raised questions about the competence of the proof of service relating to the hearing notice.

Adeyemi’s counsel acknowledged the service issue and sought additional time, but the judge noted that the court’s vacation period was nearing its end and directed that the case be returned to the registry for reassignment.

At an earlier proceeding, the court ordered that Adeyemi be granted unhindered access to his lawyers but deferred consideration of his bail and medical requests until the respondents had been heard.

Adeyemi is also facing separate criminal allegations including forgery and impersonation. Prosecutors allege that he forged official documents, including an appointment letter purportedly emanating from the Presidency. He has denied the allegations.

The rights action therefore remains unresolved.

The development underlines the importance of proper service and procedural compliance in fundamental-rights litigation, even where the court is being asked to urgently intervene in a dispute concerning detention and personal liberty.

Source: The Guardian Nigeria