The Federal High Court in Lagos on Wednesday dismissed an application by the National Drug Law Enforcement Agency (NDLEA) for the suspension of the enforcement of its earlier order directing the unsealing of Proxy Night Club in Victoria Island.
The judge, Ambrose Lewis-Allagoa, delivered the ruling after hearing arguments from both parties.
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According to a Certified True Copy (CTC) of the filings shared with PREMIUM TIMES, the NDLEA had filed a Notice of Appeal on 10 December 2025, formally challenging the 5 December 2025 ruling that ordered the nightclub to reopen.
On the same day, the agency also filed a motion seeking to stay execution of the order, requesting that the club remain sealed pending the appeal to preserve evidence.
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The nightclub operators responded on 11 December 2025 with a counter-affidavit, arguing that the NDLEA’s application was procedurally flawed, legally unsound, and lacked sufficient grounds to prevent the reopening of the club.
At the hearing, NDLEA lawyer B. S. Abdullahi urged the court to grant the stay, stating that the agency had filed a three-count criminal charge against the defendants, including conspiracy, possession of hard drugs, and unlawfully allowing the premises to be used for a drug party.
Mr Abdullahi warned that reopening the club could render the appeal meaningless.
The NDLEA also reminded the court that it had previously sought an interim forfeiture of the nightclub on 25 November 2025 through a motion ex parte, which was refused.
The agency subsequently filed a notice of appeal against both the refusal of forfeiture and the unsealing order.
The lawyer to the nightclub operators, Chikaosolu Ojukwu, who is a Senior Advocate of Nigeria (SAN), opposed the application, describing the NDLEA’s repeated filing as “forum shopping.”
He argued that the prosecution had the duty to prove at trial that the premises were used for drug-related activities and that prohibited substances were recovered there.
He also warned that a stay would unduly restrain the defendants from running their lawful business and impose hardship on staff.
Ruling
After considering submissions from both sides, Mr Lewis-Allagoa agreed with the defence, dismissing the NDLEA’s application for lacking merit.
The ruling effectively upheld the order directing the unsealing of Proxy Night Club.
The court noted that the NDLEA failed to demonstrate the “special or exceptional circumstances” required to justify a stay of execution.
Mr Lewis-Allagoa reaffirmed the unsealing order and granted an order for substituted service of Form 48 (Notice of Consequences of Disobedience of Court Order) on the NDLEA Chairman.
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The judge admonished the chairman to comply fully and promptly with all court orders relating to Proxy Night Club.
Background
The matter traces back to a midnight raid on 26 October 2025, when the NDLEA seized 384.662 kilograms of Nitrous oxide and 200 grams of Cannabis Sativa at Proxy Night Club.
Lagos socialite Mike Nwalie Nwogu, popularly known as Pretty Mike, and over 100 guests were arrested but later granted bail on 7 November 2025.
Following the raid, the NDLEA moved to secure interim forfeiture of the nightclub, alleging it was used for drug-related activities.
Mr Lewis-Allagoa refused the application, citing the constitutional presumption of innocence under Section 36 of the Nigerian constitution and property rights under Section 44 of the constitution, and subsequently ordered the nightclub to be unsealed within 72 hours.
The court empowered the management to reopen the premises if the agency failed to comply.
The judge adjourned further hearing until 9 and 10 February.
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