The Federal High Court in Lagos has ordered the National Drug Law Enforcement Agency (NDLEA) to produce social media influencer and businessman, Kazeem Michael Afolabi, popularly known as KC Luxury, who is detained over alleged cocaine offences.
The judge, Friday Ogazi, on Thursday, also ordered the agency to respond within five days to Mr Afolabi’s suit challenging his continued detention and seeking his release or bail.
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This comes amid a subsisting order issued by another Federal High Court judge, Akintayo Aluko, granting a 30-day extension of the order detaining the suspect.
The extension was granted on 20 August, based on NDLEA’s application seeking more time to complete investigations into Mr Afolabi’s alleged involvement in the drug trafficking case.
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A certified true copy of the enrolled order was shared with PREMIUM TIMES on Thursday.
On Thursday, Judge Ogazi, the other Federal High Court judge overseeing a fundamental rights enforcement suit filed by Mr Afolabi, ordered the suspect to be produced in court following an ex parte application filed under the court’s fundamental human rights enforcement rules.
Mr Afolabi filed the suit through his lawyer, A. Labi-Lawal, who is a Senior Advocate of Nigeria (SAN).
The judge directed that the NDLEA be served with the application, the enrolled order and other court processes within four working days. The agency is to file its response within five days of being served and produce Mr Afolabi at the next hearing.
The case was adjourned until 9 September.
PREMIUM TIMES reported that Mr Afolabi was arrested by NDLEA operatives on 13 August at the Murtala Muhammed International Airport, Lagos, while preparing to travel to Paris, according to the court documents.
His arrest followed the agency’s seizure of 184.5 kilogrammes of cocaine, valued at about N39 billion, which the NDLEA described as its largest cocaine interception through a courier channel.
NDLEA Chairman Buba Marwa identified Mr Afolabi as the alleged Nigerian “arrowhead” of the trafficking network behind the shipment.
Mr Marwa, a retired brigadier general, stated that he was arrested at the airport’s boarding gate after intelligence indicated that he was preparing to travel to Paris on a business-class ticket.
The NDLEA chairman also noted that operatives recovered €7,750, £2,800 and N100,000 in cash, as well as expensive jewellery, from Mr Afolabi.
He said a subsequent search of Mr Afolabi’s luxury apartment in Banana Island, Lagos, led to the recovery of exotic vehicles and other assets.
According to the agency, Mr Afolabi used his profile as a businessman involved in gold, jewellery and luxury goods to conceal his alleged role in the drug trafficking network.
Mr Afolabi has not been charged with any offence and is challenging his continued detention before the Federal High Court.
What Afolabi’s court filing says
Mr Afolabi told the court through a supporting affidavit sworn by his father, Eric Afolabi, told the court that he had remained in NDLEA custody since his arrest without being informed of the offence for which he was being held or taken before a competent court.
He alleged that NDLEA operatives searched his residence at Movamo Court, Banana Island, after his arrest without showing him or his family a search warrant.
According to the application, the search did not yield narcotics or other incriminating material.
The suspect also alleged that the operatives seized his iPhone 15 and demanded the password to the device, allegedly threatening him with bodily harm.
The affidavit stated further that the phone contained private information belonging to him and his wife and that its examination did not reveal narcotics, drug-related transactions or other material linking him to an offence.
The application sought the court’s declaration that his continued detention was unconstitutional and amounted to a violation of the suspect’s right to personal liberty under the Nigerian constitution.
It also an order for his immediate release or bail on liberal terms pending the filing of any criminal charge against him.
Alleged publication of photographs
The suspect also accused the NDLEA of taking and circulating photographs and videos of him while in custody.
He alleged that the images portrayed him as a criminal before he had been tried or convicted, exposing him to ridicule, embarrassment and humiliation.
He sougjt N100 million in damages over the alleged publication of his photographs and videos.
He also sought a further N50 million over his alleged unlawful arrest and detention and N40 million for what he described as the invasion of the privacy of his home and telephone.
Property seized
Mr Afolabi also asked the court to order the NDLEA to return property he said was seized during the investigation.
Among the items listed in the application are €8,000, £3,000, a Patek Philippe Nautilus wristwatch, an Audemars Piguet wristwatch, Hermès bags, a Louis Vuitton travel box, an iPhone 15, a Lexus RX350 and a 2024 Toyota Hilux.
He maintained that the property was not acquired from the proceeds of narcotics or any other criminal activity.
Mr Afolabi also told the court that he suffers from acute and severe asthma and requires urgent medical treatment, alleging that the detention facility cannot provide the care he needs.
He said he has a permanent address in Lagos and strong family and business ties in Nigeria. He also offered to surrender his international passport and comply with any bail conditions imposed by the court.
NDLEA’s case
The NDLEA has said its investigation into the 184.5kg cocaine seizure uncovered an international trafficking network that allegedly moved cocaine from South America through Nigeria to the United Kingdom, Europe and Asia.
READ ALSO: Alleged Cocaine Offences: Court grants 30-day extension of KC Luxury’s detention
The agency said investigators traced the shipment through logistics agents, intermediary companies and individuals involved in its movement.
It also arrested Lawal Kehinde, an employee of a logistics company, whom it accused of helping to process and move cocaine shipments for export.
Mr Marwa said the investigation had uncovered the use of false identities, financial facilitators and contacts in the United Kingdom.
He also said some suspects linked to the network had been arrested by law enforcement authorities abroad.
The NDLEA said the investigation showed how international drug trafficking organisations were increasingly using courier and logistics companies as alternative channels for moving narcotics across borders.
The allegations against Mr Afolabi have not been tested in court.
The court is now expected to consider whether his continued detention is lawful and whether he should be released or granted bail.
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