Justice Obiora Egwuatu of the Federal High Court in Abuja has returned the fundamental rights suit filed by detained Adeniyi Adeyemi to the court’s Registry for reassignment. The judge declined to proceed with the hearing after observing that the 72-hour period earlier granted to the Inspector-General of Police, the Nigeria Police Force, and the Attorney-General of the Federation to show cause had not yet expired.
Adeyemi’s counsel, Muhammad Abdulaziz, told the court that all the respondents had been served and that the applicant was ready to proceed. The court Registrar examined the file and confirmed that the respondents were served with the relevant order on Tuesday, while the hearing notice was served on Wednesday.
Court Proceedings
Justice Egwuatu questioned the timing of the service and the competence of the proof of service presented in relation to the hearing notice, noting that the respondents remained within the period allowed by the court to respond. The judge said, “Well, in any case, the 72 hours have not expired. And yesterday, you told me it would expire today, and that was why I fixed today for hearing.”
The judge directed the applicant to take further steps after the period granted to the respondents had elapsed. This development followed an earlier ruling by the court on September 3 on an ex parte application filed by Adeyemi.
In that ruling, Justice Egwuatu ordered the Inspector-General of Police, Tunji Disu, and the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, to ensure that Adeyemi was allowed access to his lawyers. The court also directed the IGP, the Nigeria Police Force, and the AGF to show cause within 72 hours why other reliefs sought by Adeyemi, including his request for bail, should not be granted.
Read Also: Free Internet for Educational Websites
Adeyemi’s Requests
Adeyemi, who is being held by the police, had sought six reliefs in the fundamental rights action, including orders for his release, bail pending the determination of the suit, and access to medical practitioners of his choice. He also sought an order restraining the police from interrogating him or obtaining a statement from him without the presence of his lawyer.
The court has not determined the substantive fundamental rights claims or Adeyemi’s request for bail. The file is to be reassigned for further proceedings after the respondents’ time to show cause expires.
Next Steps
As the 72-hour period has not yet expired, the respondents still have time to respond to the court’s order. Once the period has elapsed, the court will likely proceed with the hearing.
Justice Egwuatu’s decision to return the suit to the Registry for reassignment indicates that the court is taking a careful approach to the case.
On September 3, the court made a significant ruling in the case, ordering the respondents to ensure that Adeyemi was allowed access to his lawyers.
The fact that the court has not yet determined the substantive fundamental rights claims or Adeyemi’s request for bail means that the case is still ongoing.
Read Also: Obi Announces Dual Result Transmission Plan
It is essential that the court’s decision is based on a thorough analysis of the law and the facts of the case.
The case will continue to unfold in the coming days.
Evidence Act Demystified With Recent And Contemporary Cases And Materials “Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti. Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email [email protected] or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
“Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Full Law Reports, Spanning Over A Century Of Nigerian JurisprudenceInterested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com
New Guide For Lawyers: Adigwe Publishes ‘Artificial Intelligence For Lawyers’ With Free Research eBook The book also examines Nigeria’s legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion. Ohio Books Ltd praises the publication, stating: “….this is the only Nigerian book I know of on the topic.” Call, Text, or WhatsApp: 08034917063 | 07055285878 Ebook Version: Access it directly online at https://selar.com/prv626 Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
