The Federal High Court in Abuja has struck out the eight-count charge against Adeniyi Adeyemi, the man accused of presenting himself as Director-General of the Presidential Foreign Investment Promotion Council, but the decision does not amount to an acquittal.
Justice Mohammed Umar ended proceedings at the Federal High Court on Monday after the Federal Government asked to withdraw the case and move it to the High Court of the Federal Capital Territory, where prosecutors say a fresh charge will be filed.
That distinction is important because a headline suggesting that Adeyemi has been “cleared” or “freed” would be legally inaccurate.
Why the charge was struck out
The prosecution, led by Director of Public Prosecutions of the Federation Rotimi Oyedepo, SAN, told the court that the Attorney-General of the Federation had reviewed the case file and identified jurisdictional problems with the existing charge.
According to the prosecution, some of the documents Adeyemi allegedly forged are matters that should be prosecuted before the FCT High Court rather than the Federal High Court.
The government therefore asked Justice Umar to strike out the case so that Adeyemi could be arraigned afresh before the appropriate court. His lawyer, Ibrahim Angulu, SAN, did not oppose the application.
What Adeyemi was accused of
Adeyemi had previously pleaded not guilty to eight counts involving alleged forgery, impersonation and related offences.
Prosecutors alleged that he created or used documents connected to a purported Presidential Foreign Investment Promotion Council, including alleged presidential appointment documents and official-looking correspondence.
The government has maintained that the purported agency was not properly established by the Presidency.
Reuters reported in September that authorities alleged Adeyemi used the supposed agency to secure office space in the Federal Secretariat and obtain a federal budget allocation, while also attempting to open accounts at the Central Bank of Nigeria. Adeyemi has denied wrongdoing and maintained that the council was legitimate.
Court action does not end prosecution
The most important point for readers is that striking out the Federal High Court charge does not terminate the case permanently.
The prosecution told the court that a fresh case had already been filed before the FCT High Court and that Adeyemi would be arraigned there.
That means the allegations remain unresolved and must still be tested in court.
Adeyemi is presumed innocent unless and until he is convicted.
Bail hearing affected
Adeyemi had been remanded at Kuje Correctional Centre after pleading not guilty to the previous charge.
A hearing on his bail application had been scheduled, but Vanguard reported that the withdrawal of the Federal High Court charge prevented that hearing from proceeding. Vanguard News
The next important development will therefore be his expected arraignment before the FCT High Court and any fresh application relating to bail or custody.
What readers should know
The Federal High Court did not acquit Adeniyi Adeyemi and did not rule that the allegations were false.
The court simply struck out the existing charge after the prosecution said the matter should proceed before another court with the appropriate jurisdiction.
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