Detained businessman and social media influencer, Kazeem Michael Afolabi, popularly known as KC Luxury, has asked the Federal High Court in Lagos to set aside an order permitting the National Drug Law Enforcement Agency (NDLEA) to keep him in custody for 30 days without charging him to court.
Mr Afolabi’s lawyer, Abdulakeem Labi-Lawal, who is, a Senior Advocate of Nigeria (SAN), told Judge Friday Ogazi on Wednesday that the detention order was inconsistent with the Administration of Criminal Justice Act (ACJA), which provides for an initial remand period of not more than 14 days.
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The drugs suspect has been in NDLEA custody since his arrest on 13 August in connection with the agency’s seizure of 184.5 kilogrammes of cocaine in Lagos.
The NDLEA obtained the 30-day detention order from another judge, Akintayo Aluko, on 20 August, arguing that it needed more time to investigate the alleged drug trafficking offence.
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But Mr Labi-Lawal argued that the order should be discharged because his client had not been charged with any offence.
Relying on Sections 293 to 299 of the ACJA, particularly Section 296(1), the lawyer said the law did not permit a court to order a suspect’s remand for more than 14 days in the first instance.
He drew the court’s attention to the words “shall”, “not exceeding” and “in the first instance” in the provision, arguing that the wording was clear.
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According to him, if investigators needed more time after the initial period, they would have to return to court and give reasons for seeking a further remand.
“The jurisdiction to try a person charged with an offence under the NDLEA Act is fundamentally different from the jurisdiction to remand a suspect who has not yet been charged,” the lawyer submitted.
He also questioned whether the court could lawfully keep a suspect who is yet to be charged in custody simply to give investigators more time to complete their investigation.
He urged the court to abridge the time for hearing the application and bring forward the 17 September date earlier fixed for the review of the detention order.
The lawyer argued that keeping the suspect in custody could amount to a continuing violation of his constitutional right to personal liberty.
Lawyer canvasses bail option
Mr Labi-Lawal also told the court that the 30-day order did not necessarily require the NDLEA to keep his client in custody for the entire period.
He said the agency could release Mr Afolabi on bail if it was satisfied with the progress of its investigation.
The lawyer also informed the court that the parties were awaiting a ruling on a separate challenge to the jurisdiction of the court that granted the detention order.
He asked Mr Ogazi to allow the defence to respond to the NDLEA’s counter-affidavit, which had been served on him.
Mr Labi-Lawal said his client had five days within which to file a response.
NDLEA lawyer, Abu Ibrahim, did not oppose the request.
Justifying the 30-day detention order, he clarified that the agency obtained it in August before Mr Afolabi subsequently approached Mr Ogazi for an order directing that he be produced in court.
Mr Ogazi adjourned the case until 21 September for further proceedings.
Earlier detention order
The order obtained before Mr Aluko also directed the preservation of funds in Mr Afolabi’s Providus Bank account and other accounts linked to his Bank Verification Number (BVN), pending the conclusion of the investigation and/or prosecution.
Mr Aluko had fixed 17 September for the NDLEA to report on the progress of its investigation.
The enrolled order stated that the case was adjourned until 17 September “for report of investigation.”
In the separate fundamental-rights suit before Mr Ogazi, Mr Afolabi is asking the court to declare his continued detention unconstitutional and a violation of his right to personal liberty under the Nigerian constitution.
He is also seeking his immediate release or bail on liberal terms pending the filing of any criminal charge against him.
In an affidavit filed in support of the suit, his father, Eric Afolabi, alleged that his son had remained in NDLEA custody since his arrest without being told the offence for which he was being held or taken before a competent court.
Mr Afolabi also alleged that NDLEA operatives searched his Banana Island residence without showing him or his family a warrant and seized his iPhone 15.
He accused the agency of taking and circulating photographs and videos of him in custody, saying the images portrayed him as a criminal before he had been tried or convicted.
He is seeking N100 million in damages over the alleged publication of the photographs and videos, N50 million over his alleged unlawful arrest and detention, and N40 million for alleged invasion of privacy.
Cocaine seizure
Mr Afolabi’s arrest followed the NDLEA’s seizure of 184.5 kilogrammes of cocaine on 3 August at a DHL facility within the premises of the Nigerian Aviation Handling Company (NAHCO) in Ikeja, Lagos.
The agency valued the consignment at about N39 billion and described it as its largest cocaine interception through a courier company in Nigeria.
The NDLEA said its investigation linked the shipment to an international trafficking network allegedly moving cocaine from South America through Nigeria to the United Kingdom, Europe and Asia.
NDLEA Chairman, Buba Marwa, identified Mr Afolabi as the alleged Nigerian “arrowhead” of the network.
Mr Marwa stressed that the agency arrested him on 13 August at the boarding gate of the Murtala Muhammed International Airport in Lagos as he was preparing to travel to Paris.
The agency said it recovered €7,750, £2,800 and N100,000 in cash, as well as jewellery, from him.
It also noted that a search of his luxury apartment in Banana Island led to the recovery of exotic vehicles and other assets.
READ ALSO: NDLEA arrests fugitive suspected drug kingpin linked to 49.7kg heroin seizure
The NDLEA alleged that Mr Afolabi used his business interests in gold, jewellery and luxury goods to conceal his alleged involvement in the trafficking network.
The agency 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 explained that the investigation had also uncovered the use of false identities and financial facilitators, as well as contacts in the United Kingdom. He added that some suspects linked to the network had been arrested by law enforcement authorities abroad.
The NDLEA’s application for the detention order was supported by an affidavit sworn by one of its officers, Okonkwo Ebuka Anthony.
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