Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The fundamental rights enforcement suit filed by the detained self-styled Director-General of the Presidential Foreign Investment Promotion Council, Adeniyi Adeyemi, suffered a major procedural setback on Thursday, September 10, 2026, when Justice Obiora Egwuatu of the Federal High Court in Abuja declined to hear the matter and returned the case file to the Chief Judge of the Court, Justice John Tsoho, for reassignment to another judge. The decision came after the court established that the 72-hour period granted to the respondents to show cause why Adeyemi's remaining reliefs should not be granted had not yet expired, and after the judge discovered that the proof of service filed by the applicant's counsel was incompetent.
The matter had been scheduled for the respondents to show cause in response to Adeyemi's application. When the case was called, counsel for the applicant, Muhammad Abdulazeez, informed the court that the respondents had been duly served and that the applicant was ready to proceed. Counsel for the Attorney-General of the Federation, Mercy Akeredolu, was present in court, while no lawyer appeared for the police or the other respondents. The registrar confirmed that the order had been served on the respondents on September 8, while the hearing notice was served on September 9. Justice Egwuatu, however, queried the timing of the service and pointed out that the 72-hour period had not elapsed.
The judge also questioned the competence of the proof of service for the hearing notice, asking whether it had been properly deposed to before a commissioner for oaths. He subsequently held that the respondents were yet to exhaust the period granted to them by law to show cause. "Well, in any case, the 72 hours has not expired. And yesterday, you told me it will expire today and that was why I fixed today. You know the urgency of your matter, you are the one to do the needful," Justice Egwuatu said. When the court file was shown to Abdulazeez, he admitted that the proof of service was defective and sought a short adjournment to correct the process. The judge, however, noted that the respondents were still within time to respond and that the court's vacation was nearing its end. He thereafter returned the case file to the registry for reassignment, directing the applicant to return when the respondents' time had expired and the matter was ready to proceed.
The development followed an earlier order by the court directing the Inspector-General of Police, the Nigeria Police Force, and the Attorney-General of the Federation to show cause within 72 hours why Adeyemi's remaining reliefs should not be granted. The court had, however, granted one of the reliefs sought by Adeyemi, ordering the authorities to allow him access to lawyers of his choice at reasonable hours while he remains in custody. Adeyemi had sought six reliefs in his fundamental rights suit, including an order for his release from custody, bail pending the determination of the case, 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 his lawyer being present. The court declined to grant the substantive reliefs on an ex parte basis, insisting that the respondents should first be given an opportunity to respond.
The setback is the latest chapter in a case that has drawn significant public attention since the PFIPC scandal first emerged in April 2026. Adeyemi was arrested in Osun State in July after the Federal High Court in Abuja issued a bench warrant for his arrest over his repeated failure to appear for arraignment. He is facing an eight-count charge bordering on alleged forgery, fraud, and impersonation over his claim to be the Director-General of the PFIPC, an organisation the Presidency has disowned as "fake." Prosecutors alleged that Adeyemi forged an appointment letter purportedly issued by President Bola Tinubu and signed by his Chief of Staff, Femi Gbajabiamila, among other official documents. Adeyemi has denied the allegations and maintained that the council exists. He is expected to be arraigned on September 30 following an earlier order by Justice Mohammed Umar directing security agencies to arrest him and produce him in court.
The PFIPC controversy has become one of the most embarrassing episodes for the Tinubu administration, exposing the vulnerability of Nigeria's bureaucratic and financial systems to sophisticated fraud. An investigation by the House of Representatives ad hoc committee revealed that the organisation was never lawfully established, and that a forged State House letter was allegedly used to obtain official recognition for the purported council. The committee also uncovered 12 other fake agencies and 58 bank accounts linked to Adeyemi, while clearing President Tinubu's Chief of Staff, Femi Gbajabiamila, of any wrongdoing. The Independent Corrupt Practices and Other Related Offences Commission had earlier cleared Gbajabiamila of complicity in the fake agency scandal, aligning with the committee's findings.
For Adeyemi, Thursday's proceedings represented a missed opportunity to secure his release from police custody, where he has remained since his arrest in July. His legal team will now have to correct the defective proof of service and wait for the case to be reassigned to a new judge before the substantive hearing can proceed. The delay is a blow to Adeyemi, who has repeatedly sought bail and access to medical treatment from doctors of his choice, citing ill health. The court had previously declined to grant those requests without hearing from the respondents, and the procedural setback means that the matter will not be resolved until after the court's vacation ends and a new judge takes over the case. As the legal battle continues, the broader questions about the PFIPC scandal and the ease with which fraudulent entities can infiltrate Nigeria's government machinery remain unanswered, awaiting the outcome of both Adeyemi's fundamental rights suit and his criminal trial.
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